Human Embryos

2025-2026 Regular Session Introduced by Gilda Cobb-Hunter and 3 co-sponsors

SC bill: fertilized eggs or embryos outside the uterus are not persons under state law, shielding them from personhood-based claims and guiding IVF/storage/research rules.

Referred to Committee on Judiciary

Purpose / Intent

H 3107 would add a new section to the South Carolina Code (Article 1, Chapter 3, Title 16) to state that fertilized human eggs or human embryos that exist outside a human uterus are not to be treated as persons under state law. The bill’s aim is to remove “personhood” or “unborn child” legal status for embryos in any form when they are outside the uterus.

Key provisions

Adds Section 16-3-100 to the S.C. Code.

Provides that any fertilized human egg or human embryo that exists in any form outside the uterus of a human body:

“shall not, under any circumstance, be considered an unborn child, a minor child, an unborn person, an unborn fetus, a natural person, or any other term that connotes a human being for any purpose under state law…”
Explicitly applies to purposes under state law including, but not limited to, provisions of Chapter 3, Title 16 and Chapter 41, Title 44.

Effective date: the act takes effect upon approval by the Governor.

Who or what would be affected

Embryos and fertilized eggs existing outside the uterus (e.g., in vitro fertilization (IVF) embryos, embryos in cryostorage, embryos used in research).

Fertility clinics, reproductive medicine providers, and storage facilities (regulatory and civil liability implications).

Patients using assisted reproductive technologies (parental rights, disposition decisions).

State criminal and civil law applications that might otherwise treat embryos as persons (e.g., fetal-homicide statutes, wrongful death claims, certain criminal charges, and some regulatory provisions in health and human services statutes).

Research institutions and entities involved in embryo research or therapeutic uses.

Potential legal and practical impacts

Prevents application of personhood-based criminal and civil claims to embryos outside the uterus.

Could affect litigation and enforcement related to destruction, mishandling, or research use of stored embryos.

May clarify regulatory treatment of embryos for health licensing, insurance, and public benefits.

Does not address embryos or fetuses inside the uterus; it does not alter the legal status of a fetus in utero under existing state law.

Procedural status & timeline (as provided)

Prefiled: 12/05/2024

Introduced/read first time: 01/14/2025

Referred to Committee on Judiciary: 01/14/2025; also listed as referred to committee on Revenue (noted below in anomalies)

Referred to committee (again) / Senate concurred / other entries: 02/27/2025

Hearing scheduled: 07/15/2025 (10:00 AM–1:00 PM in A-1)

Reporting date extended to: 12/18/2025

Effective upon gubernatorial approval

Notes / Anomalies

The packet supplied with this request includes text and procedural entries from an unrelated Massachusetts bill (House Docket No. 3795 / HD 3795) concerning overtime pay for agricultural laborers. Some listed committee referrals and dates may reflect that unrelated measure. Readers should verify the official South Carolina legislative website or the legislature’s clerk for the authoritative bill text and current status.

Bill