Mothers and Preborns Act

2025-2026 Bill 717: Mothers and Preborns Act - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
S. 717
STATUS INFORMATION
General Bill
Sponsors: Senators Garrett, Sabb, Verdin and Alexander
Document Path: SR-0428KM26.docx
Introduced in the Senate on January 13, 2026
Introduced in the House on May 5, 2026
Last Amended on April 29, 2026

Currently residing in the House
Summary: Mothers and Preborns Act
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Medical Affairs

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 29
)

1/13/2026

Senate

Referred to Committee on
Medical Affairs
(
Senate Journal-page 29
)

2/5/2026

Senate

Committee report: Favorable with amendment
Medical Affairs
(
Senate Journal-page 6
)

4/29/2026

Senate

Amended (
Senate Journal-page 38
)

4/29/2026

Senate

Read second time (
Senate Journal-page 38
)

4/29/2026

Senate

Roll call Ayes-43 Nays-0 (
Senate Journal-page 38
)

4/30/2026

Senate

Read third time and sent to House (
Senate Journal-page 34
)

5/5/2026

House

Introduced and read first time (
House Journal-page 15
)

5/5/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 15
)

5/6/2026

Scrivener's error corrected

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025
02/05/2026
04/29/2026
05/06/2026

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. [SEC
5/6/2026 10:49 AM]

Read the first time January 13, 2026

________

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.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as the "Mothers and Unborn Children Act".

S
ECTION 2.
C
hapter 37, Title 44 of the S.C. Code is amended by
adding:

S
ection
44-37-80
.
(
A) For the purposes of
this section:

(
1)
"Parent" means a biological parent, stepparent, adoptive parent, legal
guardian, or other primary caregiver of an 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.

S
ECTION 3.
S
ection
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 an unborn child at any stage of the gestational
development process, from fertilization until live birth, including the
embryonic and fetal stage
.

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

S
ection
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.

S
ECTION 5. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on May 6, 2026 at 10:50 AM