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The 5 South Dakota Adoption Laws You Need to Know
Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important South Dakota adoption laws you need to know about when considering this for your family.
Top 5 South Dakota Adoption Laws
Birth Father's Legal Rights
Does my baby's father have to agree to the adoption in South Dakota?
Both parents’ consent to adoption is required, but the court may find that consent may be waived if, in the case of a putative father:
- He has been convicted of a crime that is punishable by imprisonment for a amount of time the court finds will deprive the child of companionship for a critical amount of time
- He has abandoned the child
- He has neglected the child
- He is unfit due to alcoholism or narcotic drugs
- He has judicially been deprived custody
- He caused the child to be conceived in rape; or
- He does not properly respond to notice
S.D. Codified Laws § 25-6-4 (2020)
South Dakota does not have a putative father registry, but a father may voluntarily acknowledge paternity by signing a sworn affidavit with the mother.
S.D. Codified Laws § 25-8-50 (2020)
S.D. Dep’t of Soc. Servs., Voluntary Paternity Establishment
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Expectant/Birth Mother Living Expenses
Can I get help with my living expenses during my pregnancy in a South Dakota adoption?
Only expenses approved by the court are allowed.
Separate Legal Representation
Will I be offered my own South Dakota adoption lawyer?
This issue is not addressed under South Dakota law, but you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.
Open Adoption
How does Open Adoption work in South Dakota?
An open adoption is generally not enforceable in South Dakota, and only ordered in extraordinary circumstances.
S.D. Codified Laws § 25-6-4.2 (2020)
Click here for a map showing which states enforce open adoption agreements.
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How does Consent to Adoption work in South Dakota?
How does the legal process for adoption work in South Dakota?
Consent to termination of parental rights may be given five days after the birth of the child and in the presence of the court.
S.D. Codified Laws §§ 25-5A-4, 25-6-12 (2020)
How long will I have to change my mind about adoption in South Dakota?
Consent is irrevocable except in the case of fraud.
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