Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in South Dakota may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the
important parts of South Dakota child adoption law including such topics as adoption intermediaries, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent,
Relinquishment or Surrender).
Use of Intermediaries/Facilitators in Adoptive Placements
Citation: Ann. Stat. § 25-6-4.2
Any person who offers, gives, or receives any money or other consideration or thing of value in connection with the placing of a child for adoption, or relating to the consent to adoption, or with the
petition for adoption except such charges as are approved by the court and fees charged by licensed agencies, is guilty of a felony.
Allowable Payments for Arranging Adoption
Citation: § 26-6-8
Only a licensed agency or the Department of Social Services may place a child for adoption.
It is unlawful to offer or receive payment in connection with placing a child or consenting to an adoptive placement.
Allowable Payments for Relinquishing Child
Citation: §§ 25-6-4.1; 25-6-4.2
It is unlawful to offer or receive payment in connection with placing a child or consenting to an adoptive placement.
It is unlawful to compel or force by any means a person to place, sell, or relinquish any minor child.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Codified Laws § 25-6-4
No child may be adopted without the consent of the child's parents.
Age When Consent of Adoptee is Considered or Required
Citation: Codified Laws § 25-6-5
A child who is age 12 or older must consent to the adoption.
When Parental Consent is not Needed
Citation: Codified Laws § 25-6-4
If it is in the best interest of the child, the court may waive consent from a parent or putative father who:
Has been convicted of any crime punishable by imprisonment in the penitentiary for a period that, in the opinion of the court, will deprive the child of the parent's companionship for a critical period
of time
Has, by clear and convincing evidence, abandoned the child for 6 months or more immediately prior to the filing of the petition
Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection
Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care necessary for the child's health, morals, or welfare or has neglected to pay
for such subsistence, education, or other care, if legal custody of the child is lodged with others and such payment ordered by the court
Is unfit by reason of habitual abuse of intoxicating liquor or narcotic drugs
Has been judicially deprived of the custody of the child, if the adjudication is final on appeal to the court of last resort or the time for an appeal has expired
Has caused the child to be conceived as a result of rape or incest
Does not appear personally or by counsel at the hearing to terminate parental rights after notice was received at least 30 days prior to the hearing
When Consent Can Be Executed
Citation: Codified Laws § 25-5A-4
No petition to terminate rights or consent to adoption may be filed until 5 days after the child's birth.
Revocation of Consent
Citation: Codified Laws § 25-6-21
Except in any case involving fraud, any proceeding for the adoption of a child shall be in all things legalized, cured, and validated 2 years after the proceeding is finalized. If any person has a claim
or right arising from any adoption proceeding, that person must initiate any action to enforce such right or claim within 2 years of the date when the proceeding is finalized.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 25-6-1.1; 25-6-1
Within 60 days of the child's birth, the putative father must acknowledge paternity through one or more of these actions:
Publicly acknowledging the child as his own and receiving the child into his family
Placing his name on the child's birth certificate
Commencing a judicial proceeding claiming a parental right
Please visit adoption law in South Dakota for more details. |