The "In Vitro Fertilization Protection Act" aims to amend the South Carolina Code of Laws by adding a new chapter dedicated to assistive reproductive technologies. This legislation defines "assistive reproductive technologies" to include various procedures such as in vitro fertilization, egg and embryo donation, and gestational surrogacy. It establishes a public policy to ensure equitable access to these technologies, stating that any undue burden on individuals seeking to utilize them is a violation of the law. Additionally, it clarifies that practitioners are not mandated to preserve reproductive materials but must provide appropriate preservation if a patient opts for it.

Furthermore, the bill introduces a significant legal clarification regarding the status of fertilized human eggs and embryos. It specifies that any fertilized human egg or embryo existing outside of a human body will not be classified as an unborn child or any other term that implies human personhood under state law. This provision aims to protect the rights of individuals seeking to use assistive reproductive technologies and to affirm their autonomy in family-building decisions. The act will take effect upon the Governor's approval.

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