The "South Carolina Parental Rights to Affirm Biological Sex in Child Welfare and Placement Act" aims to establish clear standards regarding child welfare and parental rights in South Carolina. The bill mandates that courts and agencies consider a child's biological sex as a positive factor in child welfare proceedings, including custody and foster care placements. It defines key terms such as "biological sex," "gender confusion," and "affirmation of biological sex," and emphasizes that parents and legal guardians have the right to encourage their children to align with their biological sex, even in cases of gender confusion. This affirmation is protected and cannot be used against them in legal evaluations or proceedings.

Additionally, the bill stipulates that South Carolina agencies responsible for foster care must prioritize the affirmation of a child's biological sex when assessing foster home suitability and prohibits discrimination against foster parents who support this affirmation. It also asserts that agencies and courts cannot consider a caregiver's refusal to pursue medical procedures related to gender transition as evidence of abuse or neglect. The Department of Social Services is tasked with updating policies to align with this act and must report annually to the General Assembly on its implementation.

Statutes affected:
12/05/2024: 63-7-50
Latest Version: 63-7-50
12/06/2024: 63-7-50