Gestational Surrogacy is generally permitted in South Carolina. There are no statutes or published case law that specifically permits or prohibits surrogacy. Mid-South Ins. Co. v. Doe, 274 F. Supp.2d 757 (2003), implies that Gestational Surrogacy Agreements are valid in South Carolina.
Pre-Birth Orders can be obtained by most Intended Parents, whether married or unmarried, and even if neither Intended Parent is genetically related to the child. Results may vary by county and judge regarding Pre-Birth Petitions filed by same-sex couples.
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