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 protects the rights of parents and guardians to make medical decisions aligned with their child's biological sex without facing negative repercussions in custody evaluations or foster care placements.

The bill also requires South Carolina agencies involved in child welfare to update their policies accordingly and to submit annual reports to the General Assembly regarding the implementation of these provisions. It asserts that no agency or court shall consider a caregiver's refusal to support medical procedures aimed at altering a child's biological sex as evidence of unfit parenting. Furthermore, the bill emphasizes that South Carolina agencies are not obligated to adhere to conflicting federal guidelines regarding gender identity affirmation in foster care placements, thereby prioritizing state standards in child welfare.

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