Parental Rights to Affirm Biological Sex in Child Welfare
Amend The South Carolina Code Of Laws So As To Enact The "south Carolina Parental Rights To Affirm Biological Sex In Child Welfare And Placement Act"; And By Adding Section 63-7-50 So As To Encourage Children To Identify With Their Biological Sex By Requiring Courts And Agencies To Consider A Child's Biological Sex As A Positive Factor In Child Welfare Proceedings, To Provide That Parents And Legal Guardians Have The Right To Encourage A Child To Align With Their Biological Sex, Including In Making Medical Decisions, And To Offer Protections For Exercising This Right, To Require The Department Of Social Services And Family Court System To Develop Policies And The Department Of Social Services To Submit Annual Reports, And To Define Necessary Terms.
126th General Assembly
(B)(1) In any court or agency proceeding regarding child custody, welfare, abuse, neglect, or foster care placement, the act of affirming a child's biological sex shall be considered a positive factor in determining the best interests of the child. (2) Affirming a child's biological sex shall never be treated as a negative factor or as evidence of abuse, neglect, or unfit parenting.
(C) Parents, legal guardians, and foster caregivers in South Carolina have the right to encourage, guide, or counsel a child to align with their biological sex, even if the child has expressed gender confusion. This right shall be protected and shall not be grounds for a negative determination in parental evaluations, custody hearings, or foster care placements.
(D)(1) South Carolina agencies responsible for foster care placements shall consider the affirmation of a child's biological sex as a positive factor when determining the suitability of prospective foster homes.(2) Foster parents who encourage a child to identify with their biological sex shall not face discrimination in the foster care placement process.
(E)(1) South Carolina agencies shall not be compelled to follow any federal rule, policy, or guidelines that mandates placements or evaluations that conflict with the provisions of this section.(2) To the extent permissible by federal law, South Carolina shall exercise its right to prioritize child welfare standards consistent with this section over conflicting federal mandates regarding gender identity affirmation in foster care placements.
(F)(1) No South Carolina agency or court shall consider a caregiver's refusal to pursue or support medical procedures, including, but not limited to, hormone blockers, cross-sex hormones, or surgeries intended to alter a child's physical appearance or biological sex, as evidence of abuse, neglect, or an unfit parenting decision.
History
| Date | Action |
|---|---|
| 2025-01-16 | Referred to Committee on Family and Veterans' Services |
| 2025-01-16 | Introduced and read first time |