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 grants the family court exclusive jurisdiction to hear and determine actions related to assisted reproduction parental rights, updates definitions related to parentage in assisted reproduction, and provides conforming language in sections regarding jurisdiction and voluntary agreements. Notably, the bill includes new definitions for terms such as "assisted reproduction," "donor," and "intended parent," which are essential for understanding the legal implications of assisted reproduction.

Additionally, the bill stipulates that a donor of sperm or ova is legally treated as if they are not the natural parent unless there is a written agreement stating otherwise. It also ensures that intended parents who conceive through assisted reproduction are recognized as the legal and natural parents, even when donor genetic material is used. The bill emphasizes the importance of written consent from both spouses in cases of married intended parents. Overall, these amendments aim to provide clarity and legal certainty in the realm of assisted reproduction and parental rights in South Carolina.

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