The bill H. 4253 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. It provides that the family court will have exclusive jurisdiction to hear and determine actions related to assisted reproduction parental rights. Additionally, it updates definitions related to paternity, including terms such as "assisted reproduction," "child," "donor," and "intended parent," to ensure they reflect current practices and legal standards. The bill also includes provisions for the jurisdiction of courts over assisted reproduction agreements and outlines the process for establishing paternity.

Key amendments include the removal of certain reserved language in Section 63-3-530, which now explicitly includes assisted reproduction in parental rights determinations. Section 63-17-10 has been revised to clarify definitions and procedures for establishing paternity, while Section 63-17-20 has been updated to ensure jurisdictional clarity regarding assisted reproduction cases. Furthermore, Section 63-17-40 has been amended to treat donors of sperm or ova as non-parents unless otherwise agreed, and to affirm that intended parents will be recognized as legal parents regardless of the use of donated genetic material. The bill will take effect upon the Governor's approval.

Statutes affected:
03/27/2025: 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