A gestational surrogate is not genetically related to the child. The egg from the intended mother (or egg donor) and the sperm from the intended father (or sperm donor) are mixed and the embryos are implanted into the gestational surrogate. Other embryos can be frozen to be used later. Based on current South Carolina law, Brinkley Law Firm assists intended parents by preparing surrogacy agreements that will later help secure the intended parents’ legal rights. Currently, there are no provisions in South Carolina law regarding surrogacy, but the limited case law indicates an acceptance of surrogacy contracts.
Brinkley Law Firm, LLC is closely monitoring the development of surrogacy law in Charleston, South Carolina and across the nation. In fact, Stephanie Brinkley is an active member of the America Bar Association’s Committee for Assisted Reproduction Technology. Presently, there are few states which have statutory laws clearly addressing the handling of surrogacy law. Until state legislatures or Congress develops statutory laws providing clear procedures and requirements, parties participating in egg donation, embryo donation, or surrogacy must be vigilant in making the process legally and ethically sound.
Brinkley Law Firm works with donor and surrogate agencies, fertility specialists, and the family courts. We insure the vital documentation is properly prepared to begin your journey into parenthood and properly filed with the court for peace of mind. Brinkley Law Firm is prepared to guide you through the growing field of assisted reproduction, as well as the establishment of parental rights.