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SC H4253

SC H4253
Donor Statute


summary

Introduced
03/27/2025
In Committee
03/27/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 63-3-530, Relating To Jurisdiction In Domestic Matters, So As To Provide That The Family Court Has Exclusive Jurisdiction To Hear And Determine Actions For Assisted Reproduction Parental Rights; By Amending Section 63-17-10, Relating To Paternity Definitions, So As To Update Definitions To Address Assisted Reproduction Parentage; By Amending Section 63-17-20, Relating To A Court's Jurisdiction Over A Person, So As To Provide Conforming Language; And By Amending Section 63-17-40, Relating To Voluntary Paternity Agreements, So As To Make Conforming Changes.

AI Summary

This bill amends several sections of South Carolina law to provide clarity and legal framework for parental rights in cases of assisted reproduction. The bill defines key terms such as "assisted reproduction" (conception through means other than sexual intercourse), "donor" (an individual who provides sperm or ova), and "intended parent" (an individual who intends to be legally bound as a parent through assisted reproduction). The legislation gives the Family Court exclusive jurisdiction to hear and determine actions related to assisted reproduction parental rights. It establishes that donors of genetic material to a licensed physician or bank are legally treated as if they are not the natural parent, unless they have a prior written agreement stating otherwise. The bill also specifies that intended parents who conceive through assisted reproduction are legally considered the child's natural parents, and if married, their spouse is also considered a legal parent if they consented in writing to the conception. Additionally, the bill provides guidance on how paternity actions can be brought, who can bring them, and under what circumstances the courts have jurisdiction, including scenarios involving assisted reproduction agreements. The legislation aims to provide a clear legal process for establishing parental rights in modern family formation scenarios involving assisted reproduction technologies.

Committee Categories

Justice

Sponsors (3)

Last Action

Member(s) request name added as sponsor: Gatch (on 01/20/2026)

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