The bill S. 431 aims to amend various sections of the South Carolina Code of Laws to clarify and establish legal frameworks surrounding parental rights in cases of assisted reproduction. Specifically, it provides that the family court has exclusive jurisdiction to hear and determine actions related to assisted reproduction parental rights, updates definitions related to parentage in the context of assisted reproduction, and ensures that jurisdictional language is consistent across relevant sections. Notably, the bill reserves certain provisions in Section 63-3-530 and introduces new definitions for terms such as "assisted reproduction," "donor," and "intended parent" in Section 63-17-10.

Additionally, the bill outlines the legal treatment of donors of sperm or ova, stating that they are not considered natural parents unless there is a written agreement to the contrary. It also affirms that intended parents who conceive through assisted reproduction are recognized as legal and natural parents, with their spouses also being recognized as such if they consented to the process. The bill emphasizes the importance of settlements and voluntary agreements in these cases, requiring court approval for such agreements to become enforceable. The act will take effect upon the Governor's approval.

Statutes affected:
03/06/2025: 63-3-530, 63-17-10, 63-17-20, 63-17-40
Latest Version: 63-3-530, 63-17-10, 63-17-20, 63-17-40