South Carolina H 3094: Child Welfare

Bill Text

2025-2026 Bill 3094 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3094

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 "SOUTH CAROLINA PARENTAL RIGHTS TO AFFIRM 
BIOLOGICAL SEX IN CHILD WELFARE AND PLACEMENT ACT" BY ADDING SECTION 63-7-50 SO 
AS TO ENCOURAGE CHILDREN TO IDENTIFY WITH THEIR BIOLOGICAL SEX BY REQUIRING 
COURTS AND AGENCIES TO CONSIDER A CHILD'S BIOLOGICAL SEX AS A POSITIVE FACTOR 
IN CHILD WELFARE PROCEEDINGS; TO PROVIDE THAT PARENTS AND LEGAL GUARDIANS HAVE 
THE RIGHT TO ENCOURAGE A CHILD TO ALIGN WITH THEIR BIOLOGICAL SEX , INCLUDING 
IN MAKING MEDICAL DECISIONS, AND TO OFFER PROTECTIONS FOR EXERCISING THIS 
RIGHT; TO DEFINE TERMS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES AND FAMILY 
COURT SYSTEM TO DEVELOP POLICIES AND THE DEPARTMENT OF SOCIAL SERVICES TO 
SUBMIT ANNUAL REPORTS; AND FOR OTHER PURPOSES.

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

SECTION 1. This act may be cited as the "South Carolina Parental Rights to Affirm 
Biological Sex in Child Welfare and Placement Act."

SECTION 2. The 
purpose of this act is to clarify South Carolina's child welfare standards and 
parental rights by ensuring that encouraging a child to identify with their 
biological sex is recognized as a positive factor, not a negative one, in 
determining abuse, neglect, custody, and foster care placement.

SECTION 3. Article 1, Chapter 7, Title 63 of the S.C. Code is 
amended by adding:

 Section 
63-7-50. (A) For purposes of this 
section:

 (1) 
"Biological sex" means a child's sex as assigned at birth based on physical 
anatomy and genetic composition.

 (2) 
"Gender confusion" means a self-reported or observed incongruence or 
uncertainty between a child's biological sex and gender identity.

 (3) 
"Affirmation of biological sex" means a caregiver's or parent's encouragement 
of a child to identify with and accept their biological sex.

 (4) 
"Positive factor" means any factor considered as favorable or beneficial in 
determining the best interests of the child.

 (B)(1) In any court or agency proceeding 
regarding child custody, welfare, abuse, neglect, or foster care placement, the 
act of affirming a child's biological sex shall be considered a positive factor 
in determining the best interests of the child.

 (2) 
Affirming a child's biological sex shall never be treated as a negative factor 
or as evidence of abuse, neglect, or unfit parenting.

 (C) 
Parents, legal guardians, and foster caregivers in South Carolina have the 
right to encourage, guide, or counsel a child to align with their biological 
sex, even if the child has expressed gender confusion. This right shall be 
protected and shall not be grounds for a negative determination in parental 
evaluations, custody hearings, or foster care placements.

 (D)(1) South Carolina agencies responsible 
for foster care placements shall consider the affirmation of a child's 
biological sex as a positive factor when determining the suitability of 
prospective foster homes.

 (2) 
Foster parents who encourage a child to identify with their biological sex 
shall not face discrimination in the foster care placement process.

 (E)(1) South Carolina agencies shall not be 
compelled to follow any federal rule, policy, or guidelines that mandates 
placements or evaluations that conflict with the provisions of this section.

 (2) 
To the extent permissible by federal law, South Carolina shall exercise its 
right to prioritize child welfare standards consistent with this section over 
conflicting federal mandates regarding gender identity affirmation in foster 
care placements.

 (F)(1) No South Carolina agency or court 
shall consider a caregiver's refusal to pursue or support medical procedures 
including, but not limited to, hormone blockers, cross-sex hormones, or 
surgeries intended to alter a child's physical appearance or biological sex, as 
evidence of abuse, neglect, or an unfit parenting decision.

 (2) 
Parents, guardians, and foster caregivers shall retain the right to make 
medical decisions based on the child's best interests and developmentally 
appropriate considerations, without penalty or presumption of harm for 
encouraging a child to identify with their biological sex.

 (G)(1) The South Carolina Department of 
Social Services, the South Carolina Family Court system, and related agencies 
shall update their policies to reflect the provisions of this section.

 (2) 
The Department of Social Services must submit an annual report to the General 
Assembly on the implementation and adherence to the provisions of this section.

SECTION 4. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reason h