The "In Vitro Fertilization Protection Act" aims to establish a legal framework in South Carolina that supports and protects access to assistive reproductive technologies. The bill introduces a new chapter, Chapter 140, to Title 44 of the South Carolina Code, defining "assistive reproductive technologies" to include procedures such as in vitro fertilization, egg and embryo donation, and gestational surrogacy. It emphasizes the state's public policy to ensure equitable access to these technologies and prohibits any undue burdens on individuals seeking to utilize them. Additionally, practitioners are not mandated to preserve reproductive materials but must provide appropriate preservation if a patient opts for it.

Furthermore, the bill amends Article 1, Chapter 3, Title 16 of the South Carolina Code to clarify that any fertilized human egg or embryo outside of a human body is not to be classified as an unborn child or any other term that implies human status under state law. This provision aims to delineate the legal status of embryos in the context of reproductive technologies, ensuring that they are not treated as persons for legal purposes. The act will take effect upon the Governor's approval.

Statutes affected:
12/12/2024: 16-3-100
Latest Version: 16-3-100