South Carolina S 40: In Vitro Fertilization Protection Act

Bill Text

2025-2026 Bill 40 Text of Previous Version (Jan. 08, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 40

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"IN VITRO FERTILIZATION ACT" BY ADDING CHAPTER 140 TO TITLE 44 SO AS TO ADD A 
DEFINITION FOR "ASSISTIVE REPRODUCTIVE TECHNOLOGIES" AND TO PROVIDE RELATED PROTECTIONS 
TO ACCESS THESE TECHNOLOGIES; AND BY ADDING SECTION 16-3-100 SO AS TO PROVIDE 
THAT A FERTILIZED HUMAN EGG OR HUMAN EMBRYO OUTSIDE OF THE UTERUS OF A HUMAN 
BODY IS NOT CONSIDERED AN UNBORN CHILD OR ANOTHER TERM THAT CONNOTES A HUMAN 
BEING FOR ANY PURPOSE UNDER STATE LAW.

Whereas, this In Vitro 
Fertilization Act shall refer to all medically accepted assistive reproductive 
technologies; and

Whereas, this State has 
an interest in providing protections to all family units seeking to use these 
medically accepted assistive reproductive technologies; and

Whereas, recognizing 
the intrinsic value of individuals' autonomy in family-building decisions is 
fundamental to fostering a supportive and inclusive society; and

Whereas, acknowledging 
the diverse paths to parenthood and the importance of safeguarding individuals' 
rights to make informed choices regarding their reproductive journey; and

Whereas, affirming that 
creating a legal framework which respects and protects the diverse ways 
individuals choose to create their families is essential for promoting a 
society that values inclusivity and reproductive freedom. Now, therefore,

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "In Vitro Fertilization Act."

SECTION 2. Title 44 of the S.C. Code is amended by adding:

CHAPTER 140

Assistive Reproductive Technologies Protection

 Section 
44-140-10. For purposes of this chapter, "assistive reproductive technologies" 
means treatments or procedures that involve the handling of human egg, sperm, 
and embryo outside the body with the intent of facilitating a pregnancy. 
Assistive reproductive technologies include, but are not limited to, in vitro 
fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, 
and gestational surrogacy.

 Section 
44-140-20. It is the public policy of this State to protect and promote 
equitable access to the full range of assistive reproductive technologies. Any 
undue burden placed on a person seeking to utilize assistive reproductive 
technologies is a violation of this section.

 Section 
44-140-30. Practitioners of assistive reproductive technologies are not 
required to preserve eggs, sperm, or a fertilized human embryo outside the 
human body. However, a patient, after consultation with a practitioner, may 
choose to preserve eggs, sperm, or a fertilized human embryo outside the human 
body. If the patient chooses to preserve eggs, sperm, or a fertilized human 
embryo outside the human body, then the practitioner must provide for 
appropriate preservation in accordance with generally accepted medical 
standards.

SECTION 3. Article 1, Chapter 3, Title 16 of the S.C. Code is 
amended by adding:

 Section 
16-3-100. Any fertilized human egg or human embryo that exists in any form 
outside of the uterus of a human body shall not, under any circumstance, be 
considered an unborn child, a minor child, an unborn person, an unborn fetus, a 
natural person, or any other term that connotes a human being for any purpose 
under state law including, but not limited, under any provision of Chapter 3, 
Title 16 or Chapter 41, Title 44.

SECTION 4. This act takes effect upon approval 
by the Governor.

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This web page was last updated on January 08, 2025 at 04:50 PM