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.

Read the first time January 13, 2026

 

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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.

    Amend Title To Conform

 

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, step parent, adoptive parent, legal guardian, or other primary caregiver of a  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" includes, but is not limited to, a person under the age of eighteen years, which includes a unborn child at any stage of the gestational development process, from fertilization until live birth including the embryonic and fetal stage.

 

SECTION 4.  Section 63-17-325 of the S.C. Code is amended to read:

 

    Section 63-17-325. (A) A biological father An unmarried father of a child or a father of a child under an order of a child has a duty to pay the mother of the child the following financial obligations beginning with the date of conception as determined by the mother's physician:

       (1) child support payment obligations in an amount determined pursuant to Section 63-17-470;

       (2) fifty percent of the mother's pregnancy expenses, which include reasonable prenatal costs, reasonable postpartum recovery care, and the reasonable cost of birth.

           (a) Any portion of a mother's pregnancy expenses paid by the mother or the biological father reduces that parent's fifty percent obligation regardless of when the mother or biological father pays the pregnancy expenses.

           (b) Pregnancy expenses must include fifty percent of the mother's insurance premiums that are not paid by her employer or governmental program beginning from the date of conception and before the pregnancy ends, unless otherwise ordered by the court.

           (c) Item (2) does not apply if a court apportions pregnancy expenses as part of an award of child support in item (1).

    (B) In the case of a mother who becomes pregnant as a result of rape or incest, the biological father, in addition to the duties imposed by subsection (A), also is responsible for the full cost of any expenses incurred by the mother for mental health counseling arising out of the rape or incest.

    (C) The duties imposed by this section accrue at the time of conception and must be applied retroactively when paternity is contested, and medical evidence establishes the paternity of the child.  Interest accrues on any retroactive obligations beginning with conception until either the obligations are brought current or paid in full whichever happens first.  The rate of interest must be calculated based on the applicable interest rate for money decrees and judgments in this State established annually by the South Carolina Supreme Court.

    (D) Proceedings brought pursuant to this section for pregnancy-related expense or support obligations must be heard within thirty days of the filing of the action. The family court shall prioritize these matters to avoid undue delay in the provisions of financial support.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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