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H 4253

Donor Statute

2025-2026 Regular Session Introduced by Heather Crawford and 1 co-sponsor

Empowers courts to determine parentage in assisted reproduction: intended parents become legal parents; donors are not, absent a pre-conception written agreement.

Referred to Committee on Judiciary
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Bill Summary · H 4253

Summary — H 4253 ("Donor Statute")

Note on source material: the uploaded text contains two different bill texts (a Massachusetts municipal-terms bill and a South Carolina “donor statute” amending family/paternity law). This summary focuses on the donor / assisted-reproduction provisions (the “Donor Statute”) contained in the provided text (amendments to S.C. Code sections 63-3-530, 63-17-10, 63-17-20, and 63-17-40). If you want a separate summary of the municipal-terms bill, tell me and I will prepare one.

Purpose / Intent

The bill updates family-law and paternity statutes to address parental rights and parentage determinations arising from assisted reproduction. It clarifies jurisdiction, defines key terms (including “donor” and “intended parent”), and sets default rules on legal parenthood and donor status in assisted reproduction cases.

Key provisions and changes

  • Exclusive jurisdiction (Section 63-3-530)

    • The Family Court is expressly authorized to hear and determine actions to establish parental rights related to assisted reproduction (in addition to adoptions and other parental-rights matters).

  • New/updated definitions (Section 63-17-10)

    • “Assisted reproduction” — conception by means other than sexual intercourse pursuant to a written assisted-reproduction agreement/consent.
    • “Donor” — an individual who donates sperm or ova to assist an intended parent (who is not the donor’s spouse) and whose genetic material was provided to a licensed physician or licensed sperm/ova bank.
    • “Intended parent” — an individual who manifests written intent to be legally bound as the parent through assisted reproduction.
    • Clarifies who may bring an action to establish paternity and addresses proceedings started before birth (orders may be entered pre-birth but enforcement generally stayed until after birth).

  • Jurisdiction rules for assisted-reproduction parentage cases (Section 63-17-20)

    • Courts have jurisdiction to determine parentage from assisted reproduction when (1) a party to the assisted-reproduction agreement resides in the state at execution or resides in the state now, (2) the medical procedures were performed in the state, or (3) the child was born in the state. Also confirms that entering into a written assisted-reproduction agreement or causing conception in the state submits a person to state court jurisdiction for parentage actions.

  • Voluntary agreements; donor and intended-parent status (Section 63-17-40)

    • Courts are to encourage and may approve settlements/voluntary agreements on parental matters.
    • A donor who provided sperm or ova via a licensed physician or licensed bank is treated in law as if not the natural parent — unless a separate written agreement signed by the donor and intended parent before conception expressly provides otherwise.
    • An intended parent who conceives via assisted reproduction is treated in law as the legal and natural parent even when donated gametes are used. A spouse of an intended parent is likewise treated as legal parent if both spouses provided written consent to the assisted reproduction.

  • Procedural/courtroom rules

    • Parentage actions proceed as civil, non-jury proceedings; the court may exclude the general public and limit attendance to those with a direct interest. Guardians ad litem required for minors where legitimacy is in question.

Who or what is affected

  • Donors of sperm or ova (status defaulted to non-parent unless a prior written agreement says otherwise).
  • Intended parents and their spouses (recognized as legal parents in most cases).
  • Licensed physicians and licensed sperm/ova banks (donations must be supplied to licensed providers to qualify for the donor-protection rule).
  • Family Court (assigned explicit jurisdiction for these matters).
  • Children conceived via assisted reproduction and agencies (e.g., Department of Social Services) that may be parties in paternity/support proceedings.

Effective date and procedural status

  • Effective upon approval by the Governor (per the bill text).
  • Legislative actions in the provided record include introduction and referral to committee (03/27/2025) and other procedural entries through 09/04/2025 (committee reports, readings). Confirm current status with the relevant legislative clerk if you need the very latest.

Practical impact

  • Provides clearer, modernized statutory protections and presumptions for assisted-reproduction scenarios: intended parents obtain legal-parent status; donors are generally insulated from parental obligations/rights so long as the donation went through licensed channels and no contrary written agreement exists.
  • Establishes predictable jurisdictional tests and court procedures for resolving disputes over parentage arising from assisted reproduction.

If you want, I can:
- Produce a side-by-side comparison of current law vs. the bill’s changes.
- Summarize the separate Massachusetts municipal-terms bill text that was also included in the materials.

Compiled from official sources — confirm details with the bill’s official record.

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