A.R.T. & Family Law in S.C. --No, Not Picasso!

Technological advancement extends past cell phones, computers and plasma televisions. Today, more than ever, technology has a firm hand in expanding our families. Women and men are finding new ways to "be fruitful and multiply." As more and more families decide to use these methods to reproduce and have children, the more issues one can expect in the rise of family law issues.

Artificial Insemination is a process by where a female uses her egg inside her body and is injected by the sperm of the contributing male.

In Vitro Fertilization is a process by where an egg donor and carrier may or may not be the same woman. The eggs are removed from the female contributor and fertilized by the sperm of the male contributor. Once there is successful fertilization, the embryos are placed/implanted into the female carrier.

These pregnancies may contribute to a cast of real life issues.
1. Cases where there is no biological connection to the child from the persons who will become the parents.
2. What happens if there is a divorce before the implantation of the embryos...who owns the embryos?
3. What if the child has a biological connection to only one of the parents?
4. What if a surrogate carrier is used, and she wants to keep the baby?

Currently in the State of South Carolina there is only one case dealing with Assisted Reproductive Technology. The name of the case is : IN re: Baby Doe, 291. SC 389, 353 SE2d 877 (1987). In this case, the husband and wife tried but were not able to conceive. The Husband was no longer able to have children. They used a sperm donor and impregnated the Wife. After the conception, the parties separated and the husband filed a law suit asking the court to state that he was not the father, and not legally responsible for the child. In this case the SC Supreme Court held that because there was consent for the wife to conceive through artificial insemination that the Husband was indeed legally responsible for the child.

With this being a growing field in other states, it will surely trickle to the State of South Carolina as people from those state move to South Carolina, and as South Carolinians seek these methods to grow their families. We can only wait until that time to see how the courts will handle these situations.