South Carolina S 717: Mothers and Preborns Act

Bill Text

2025-2026 Bill 717 Text of Previous Version (May. 06, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 717

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Amended

April 29, 2026

S. 717

Introduced 
by Senators Garrett, Sabb, Verdin and Alexander 

S. Printed 4/29/26--S. [SEC 
5/6/2026 10:49 AM]

Read the first time January 13, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
THE "MOTHERS AND PREBORNS ACT"; BY ADDING SECTION 44-37-80 SO AS TO CREATE THE 
OFFICE OF THE HEALTHY NEWBORN OMBUDSMAN IN THE DEPARTMENT OF HEALTH AND HUMAN 
SERVICES AND TO PROVIDE FOR THE DUTIES AND AUTHORITY OF THE OMBUDSMAN; AND BY 
AMENDING SECTION 44-41-340, RELATING TO THE PUBLICATION OF MATERIALS REGARDING 
AVAILABLE ASSISTANCE CONCERNING PREGNANCY, SO AS TO PROVIDE THAT THE BROCHURE 
OR OTHER WRITTEN MATERIALS PROVIDED FOR IN SECTION 44-37-80 ARE INCLUDED IN THE 
MATERIALS PROVIDED TO A PREGNANT WOMAN PRIOR TO AN ABORTION.

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

SECTION 1. This act may be cited as the "Mothers and Unborn Children Act".

SECTION 2. Chapter 37, Title 44 of the S.C. Code is amended by 
adding:

 Section 
44-37-80. (A) For the purposes of 
this section:

 (1) 
"Parent" means a biological parent, stepparent, adoptive parent, legal 
guardian, or other primary caregiver of an unborn human child at the various 
gestational ages through infancy.

 (2) 
"Unborn child" means a developing human being at any stage of gestational 
development process, from fertilization until live birth, including embryonic 
and fetal stages. 

 (B) 
The Healthy Mother and Healthy Newborn Ombudsman Office is created within the 
Department of Public Health. The office shall be headed by an ombudsman 
appointed by the Director of the Department of Public Health.

 (C) 
The Healthy Mother and Healthy Newborn Ombudsman shall:

 (1) 
maintain records of all state programs designed to assist a parent during 
pregnancy and infancy;

 (2) 
refer parents to the appropriate programs related to services available to the parent 
or about which a parent inquires, which includes information as to how a parent 
can access a family court order of child support pursuant to Section 63-17-325;

 (3) 
act as a liaison between the programs available to parents and parents seeking 
services from the programs when the need for liaison services is recognized by 
the ombudsman;

 (4) 
review and attempt to resolve complaints concerning the programs available to parents 
made to the ombudsman by affected parents; and

 (5) 
produce a brochure or other written material that provides an overview of the 
services the ombudsman provides and describes the programs available to parents 
during pregnancy and infancy. The information in the brochure must be available 
on the ombudsman's website. The brochure or other written material must be 
provided to all obstetricians in the State who must also provide the brochure 
or other written material to their pregnant patients as early as possible 
during pregnancy. The brochure or other written material must also be available 
at every county health office and prominently displayed on each program's 
website.

 (D)(1) Upon receipt of a written complaint 
that contains specific allegations and is signed by a parent seeking services, 
the ombudsman shall forward copies of the complaint to the program whose 
services the parent sought and any other affected parties. The ombudsman shall 
conduct an inquiry into the allegations stated in the complaint and attempt to 
resolve the complaint.

 (2) 
In conducting the inquiry, the ombudsman is authorized to request and receive 
information and documents from the complainant, the program from which the parent 
sought services, and any other affected parties that are pertinent to the 
complaint. Following each inquiry, the ombudsman shall issue a report verbally 
or in writing to the complainant and the program about which the complaint was 
filed. The program and any other affected parties that are the subject of the 
complaint shall respond to the ombudsman's request for information or documents 
within a reasonable time.

 (3) 
The ombudsman shall prepare an annual report summarizing his activities. The 
annual report shall be submitted to all the programs designed to assist parents 
both during pregnancy and through infancy and to the Chairman of the Senate 
Medical Affairs Committee and the Chairman of the House of Representatives 
Judiciary Committee.

 (E) 
All programs designed to assist parents both during pregnancy and through 
infancy shall cooperate with the ombudsman in carrying out his duties.

SECTION 3. Section 63-17-10(B) of the S.C. Code is amended to 
read:

 (B) As used in this article, "child" 
inc