South Carolina S 240: School start date

Bill Text

2025-2026 Bill 240 Text of Previous Version (Jan. 16, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 240

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 SO AS TO ENACT 
THE "SOUTH CAROLINA PARENTAL RIGHTS TO AFFIRM BIOLOGICAL SEX IN CHILD WELFARE 
AND PLACEMENT ACT"; AND 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 
REQUIRE THE DEPARTMENT OF SOCIAL SERVICES AND FAMILY COURT SYSTEM TO DEVELOP 
POLICIES AND THE DEPARTMENT OF SOCIAL SERVICES TO SUBMIT ANNUAL REPORTS, AND TO 
DEFINE NECESSARY TERMS.

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

 Section 
63-7-50. (A) As used in this section:

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

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

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

 (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 3. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reason held to be unconstitutional or invalid, such holding shall not 
affect the constitutionality or validity of the remaining portions of this act, 
the General Assembly hereby declaring that it would have passed this act, and 
each and every section, subsection, paragraph, subparagraph, sentence, clause, 
phrase, and word the