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Home » South Carolina

South Carolina

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This website provides information about acquiring medical or attorney referrals; it is not medical or legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee.


South Carolina State Laws & Guidelines

Know Your Rights

Laws regarding adoption, nondiscrimination protections, hate crimes reporting and much more vary in each Southern state. For information about the policies that affect LGBTQ people in your state, please see these resources from national LGBTQ organizations:

Human Rights Campaign’s state law maps

Lambda Legal’s state law map‍

For more information about state-issued documents in South Carolina, see the National Center for Transgender Equality’s ID Documents Center.

Protect Your Rights

Protect your rights with estate planning tools like health care power of attorney forms. Estate planning makes clear your wishes for treatment during emergencies, at the end of your life, and beyond.

For LGBT people and their families, estate planning is a tool that can be used to secure basic rights that many take for granted. If you haven’t completed these important documents, it’s important to do so as soon as possible, at any age, whether you are single or partnered.

These documents will help you protect your rights and wishes:

  • Health Care Power of Attorney
  • Durable Power of Attorney
  • Will
  • Hospitable Visitation Form

Learn more about these tools in Life Lines, a publication of the National Center for Lesbian Rights.

How to Change Your Name and Gender Marker

The following are the steps one must take to legally change their name in the state of South Carolina if it is not due to marriage or pursuant to a divorce.

What You Need:

  • A set of fingerprints
  • State background check
  • Statement from the South Carolina Department of Social Services
  • Sworn statement indicating that you do not owe child support or alimony
  • Statement from the South Carolina Law Enforcement Division (SLED) indicating that you are not on the sex offender registry.

Note: The way the process is set up in South Carolina, you will need to hire an attorney to assist you.

Total estimated cost: Approximately $200 plus attorney fees.

For more information about state-issued documents in South Carolina, see the National Center for Transgender Equality’s ID Documents Center.

Steps:

  • Background check conducted by the SC State Law Enforcement Division (SLED). Typically, you can have your fingerprintstaken by your local law enforcement agency.  In some counties, however, you might find that the local law enforcement agency does not provide this service. If this is the case, you can have your finger prints taken by a private fingerprinting company.
    Fees – Fingerprints: $10 to $50; Background check: $25.
  • SC Department of Social Services statement indicating whether you are on the department’s Central Registry of Child Abuse and Neglect.
    Fee – $8.
  • Sworn statement written and signed by you stating whether you are under a court order to pay child support or alimony. There is no set form for this. Your attorney prepare a simple affidavit.
  • SLED statement indicating whether you are on the sex offender registry. Note: The form and fee for the SLED background check cover this.
  • File the Petition for Name Change.
    Fee – $150.
  • A hearing will be set and a Judge will determine whether to grant the name change.

Within 10 days of your name change, you must change your name on your South Carolina DMV records. To do so, you will need to visit a DMV office, complete Form 4057, and present proper documentation (your court order). All name changes must be done in person; they cannot be completed online or via mail. While the website does not indicate that a copy of your birth certificate is needed, it would be a good idea to take one along.

This document is intended for informational use only, and is in no way intended to constitute legal advice or the opinions of the Campaign for Southern Equality. Because the law is constantly changing, the Campaign for Southern Equality cannot guarantee that this information is accurate and up-to-date.  Procedures may vary by county.  If you have any questions, please consult a licensed attorney.


Trans in the South Guide

More than 500,000 trans folks call the South home. Trans in the South contains lists of trans-friendly service providers – from doctors to attorneys to counselors – across the South. This resource guide helps people find the services they need to survive and thrive.

Learn More

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Every day that we live with injustice is one day too long.

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