The "South Carolina Parental Rights to Affirm Biological Sex in Child Welfare and Placement Act" aims to establish legal protections for parents and guardians who encourage their children to identify with their biological sex. The bill introduces Section 63-7-50 to the South Carolina Code, which defines key terms such as "affirmation of biological sex," "biological sex," and "gender confusion." It mandates that in child custody and welfare proceedings, affirming a child's biological sex is considered a positive factor, and it prohibits treating such affirmation as evidence of abuse or neglect. Additionally, it ensures that parents and guardians have the right to make medical decisions regarding their child's alignment with their biological sex without facing negative repercussions.

The bill also requires South Carolina agencies involved in foster care to consider the affirmation of a child's biological sex when evaluating prospective foster homes and protects foster parents who support this affirmation from discrimination. Furthermore, it states that agencies are not obligated to follow federal guidelines that conflict with the provisions of this act, allowing South Carolina to prioritize its child welfare standards. The Department of Social Services is tasked with updating policies to align with this act and must submit annual reports to the General Assembly regarding its implementation.

Statutes affected:
01/16/2025: 63-7-50
Latest Version: 63-7-50