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Legal Aspects of Surrogacy - South Carolina

Overview of Gestational Surrogacy in South Carolina

Gestational Surrogacy Framework in South Carolina

South Carolina is increasingly recognizing gestational surrogacy as a viable option for family formation, primarily due to the absence of specific laws or case law that outright prohibit it. This guide aims to shed light on the general practices and norms of surrogacy in South Carolina. However, it is not a substitute for legal advice. Prospective parents are encouraged to consult an experienced surrogacy attorney for personalized guidance.

Common Queries About Surrogacy in South Carolina

Legality of Gestational Surrogacy

Gestational surrogacy is considered legal in South Carolina. The U.S. District Court's decision in Mid-South Ins. Co. v. Doe, 274 F.Supp.2d 757 (2003) implies that such contracts are both permissible and enforceable. This means that intended parents and surrogates can enter into gestational surrogacy agreements with confidence in their legal standing.

Status of Traditional Surrogacy

Traditional surrogacy, where the surrogate is also the genetic mother, is legal in South Carolina. However, due to the genetic link between the surrogate and the child, traditional surrogacy is treated similarly to adoption under state law. Notably, traditional surrogacy agreements that offer compensation beyond medical or reasonable living expenses may be deemed illegal. This complexity often makes gestational surrogacy a more attractive option for intended parents.

Compensated Surrogacy in South Carolina

Compensated gestational surrogacy is lawful in South Carolina. Surrogates typically receive compensation for their commitment, medical risks, and various associated expenses, such as:

  • Medical Costs: All pregnancy-related medical expenses.

  • Travel Expenses: Costs for traveling to medical appointments.

  • Maternity Clothing: Allowance for maternity wear.

  • Childcare Costs: Expenses for childcare during medical appointments or bed rest.

  • Insurance: Health and life insurance coverage.

  • Miscellaneous Expenses: Monthly allowances for other necessary costs.

Drafting a Surrogacy Contract in South Carolina

Surrogacy agreements in South Carolina require the involvement of surrogacy attorneys representing both the intended parents and the surrogate. These contracts usually address the following:

  • Rights and Duties of Each Party: Clearly defining roles and obligations.

  • Potential Risks and Contingency Plans: Addressing potential issues and solutions.

  • Compensation Details and Financial Aspects: Outlining payments and reimbursements.

  • Agreements on Selective Reduction and Termination: Handling sensitive decisions.

  • Communication Expectations: Guidelines for interaction during the surrogacy journey.

After finalizing and signing the contract, the medical process of surrogacy can commence.

Determining Parental Rights in South Carolina

Pre-birth parentage orders are generally granted in South Carolina, regardless of marital status or genetic relation to the child. However, the county and judge's discretion play a role, particularly for same-sex couples. Legal strategies such as pre- or post-birth orders or adoption might be necessary to establish parental rights, depending on the county's jurisdiction.

Same-Sex Surrogacy Considerations

Legality of Same-Sex Surrogacy: Same-sex surrogacy is legally recognized in South Carolina. The process for LGBT+ intended parents closely resembles that of opposite-sex couples and often necessitates a donor for the IVF procedure.

Additional Laws Impacting Same-Sex Parenting: There are no specific laws targeting same-sex surrogacy. However, post-birth adoption may be required in cases where both parents cannot be named on the birth certificate, despite one parent being biologically related.

Frequently Asked Questions

Enforceability of Surrogacy Contracts: Surrogacy contracts are legally enforceable in South Carolina, as illustrated in Mid-South Ins. Co. v. Doe. It is crucial to have these contracts drafted and reviewed by experienced legal professionals to ensure compliance and enforceability.

Laws for Non-U.S. Parents Pursuing Surrogacy: International intended parents follow the same process as domestic parents, but should consult an immigration attorney for legal guidance to ensure proper procedures for bringing their child home.

Requirement for Post-Birth Adoption: Post-birth adoption is needed for traditional surrogacy cases and in certain same-sex surrogacy scenarios where a birth certificate cannot include both parents’ names. This legal step ensures that parental rights are clearly established.

Second-Parent and Step-parent Adoptions: South Carolina allows second-parent adoptions, enabling two unmarried intended parents to both have parental rights over a child. For married couples, stepparent adoptions are an option to secure parental rights.

Implications for Donor Egg, Sperm, or Embryo Cases: In scenarios involving donor eggs, sperm, or embryos, South Carolina currently doesn't have specific case law addressing the rights of donors. It is crucial for intended parents in these situations to work with skilled surrogate attorneys to ensure their parental rights are firmly established.

Conclusion

While South Carolina does not have explicit surrogacy laws, it generally supports both gestational and traditional surrogacy. The legal process, especially concerning parentage orders and surrogacy contracts, varies and requires careful legal navigation. It is essential to work with experienced surrogacy attorneys to ensure that all legal requirements are met and that the rights and responsibilities of all parties involved are protected. For those considering surrogacy in South Carolina, obtaining professional legal advice is crucial to a successful surrogacy journey.

Guide: Everything you need to know to become a surrogate in South Carolina

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more