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Subcommittee adopts amendment to Mothers and Preborns Act after debate over 'complainant' language

South Carolina Senate Subcommittee (legislative) · January 28, 2026
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Summary

A subcommittee approved an amendment to S.7.17 that adds gestational‑age context to the term “preborn human,” moves an ombudsman post between agencies, and replaces "parent" with "complainant." Members debated whether the change could broaden who may file complaints; the amendment passed and the bill advanced.

The subcommittee on (name) advanced an amendment to S.7.17, the Mothers and Preborns Act, after lawmakers debated language that changes who may bring complaints under the measure.

Staff explained the amendment would insert the phrase "at the various gestational ages" after the term "preborn human," move the ombudsman position from the Department of Health and Human Services to the Department of Public Health, and replace the word "parent" with "complainant" in a provision governing who may seek help from the ombudsman.

Sen. Tedder questioned whether the change from "parent" to "complainant" could expand the universe of people eligible to file complaints. Committee staff and the chair said the intent is narrower: the term "complainant" is meant to describe a person who sought services and was unable to receive them — typically a biological parent, stepparent, adoptive parent, legal guardian or other primary caregiver. "The complainant would be these people who are attempting to get the services," a committee member said during the hearing.

Members reserved the right to raise the issue again in full committee or on the floor. After discussion, a motion to adopt the amendment was made and seconded; the committee recorded a majority vote in favor, with a proxy noted for Sen. Cash and at least two recorded objections on the record.

The committee then proceeded to consider S.7.17 on its merits. Sen. Tedder asked whether the bill's use of "preborn" has statutory precedent; staff cited other statutes that refer to preborn children "at any stage of development." The senator suggested an oral amendment in full committee to revert to the terms "embryo" or "fetus" if that better reflects medical usage.

The committee voted on the bill and moved it forward. Members who expressed concern said they would press the issue in later debate; the record shows opposition from some members during the roll call discussion.

What happens next: the amendment and bill were advanced out of the subcommittee and may be revisited at full committee or on the floor if members offer further changes or clarifications.