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Surrogacy Law in South Carolina

There aren’t any provisions in the state law from South Carolina about surrogacy, but there is a little case law on the subject would could suggest that surrogacy agreements would be allowed. The issue of surrogacy contracts with individuals and couples who are LGBT hasn’t been looked at yet.


There was a Federal District Court case in 2003, but it didn’t directly deal with surrogacy contracts; however, it addressed the state of a child born through a surrogacy agreement in regards to an insurance policy issue. The surrogate’s husband wanted coverage for the child under the policy he had for a natural child’s coverage. The Court gave a lot of deference to the surrogacy contract’s terms, and the parties’ stipulations that were laid out there dealing with the child’s and adults’ legal status. The status of “natural child” was not granted, because of the statements that were given in the surrogacy contract itself. The holding didn’t speak directly to the surrogacy arrangement’s legitimacy, but the Court definitely believed that an agreement like that wasn’t contrary to state law when it gave deference to its terms.



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