South Carolina Surrogacy Laws
Surrogacy in South Carolina is permitted because no statute or published case law prohibits it. In fact, there is published case law that suggests that it is valid, especially since the U.S. District Court relied upon a Gestational Carrier Agreement to determine the intent of the parties in Mid-South Ins. Co. v. Doe, in an insurance dispute. Furthermore, additional holdings in the matter of In re Baby Doe, a 1986 case, make clear that South Carolina considers the parental “intent” of the parties when using third party reproduction.