SOUTH DAKOTA

 Any child may be adopted by any adult who is at least 10 years older. Unlesslegally separated, a husband or wife may only adopt with the consent of theirspouse. Any adult may adopt any other adult.

Who Can Be Adopted?

 Any child or any adult can be adopted.

Consent to Adoption

 The following parties must give written consent to the adoption:

 (1) the adoptee's parents;

 (2) the adoptee who is over 12 years of age; and

 (3) the father of an illegitimate child if he has acknowledged the child ashis own by asserting paternity within 60 days after the birth, or is known andidentified by the mother.

 Consent is not required of a parent who

 (1) is imprisoned for a period that the judge determines will deprive thechild of the parent's companionship for a critical period;

 (2) has abandoned the child for 1 year;

 (3) has been judged to be an alcoholic or mentally incompetent; or

 (4) has had custody of their child taken away by a court.

Putative Father's Rights

 The father of an illegitimate child publicly acknowledging the child as hisown, receiving the child as such into his family and otherwise treating thechild as family, with the consent of his wife, if he is married, thereby adoptssuch child.

Confidentiality

 Information regarding the adoptee, the biological family, and the adoptiveparents and all records or papers pertaining to the adoption shall be keptconfidential. Confidentiality is not violated when the Department orchild-placing agency shares with the adoptive parent necessary informationabout the adoptee and the biological family. This nonidentifying informationmay also be made available to the adoptee once the adoptee reaches 18 years ofage. The identity of the biological parents shall not be disclosed other thanto the adoptive parents. Identity of the adoptive parents shall not bedisclosed to the biological parents.

 The Department of Social Services shall maintain a voluntary registry of thoseadoptees and natural parents who consent to release of identifying informationabout themselves. Such consent is revocable at any time.

Permissible Fees

 Any person who offers, gives, or receives money or other consideration orthing of value in connection with the placing of any child for adoption, orrelating to the consent to adoption except charges approved by the court andfees charged by a licensed child-placing agency, is guilty of a felony. Aplacement fee shall be paid by the adoptive parents to the Department of SocialServices within 30 days after placement.

Place of Adoption Hearing

 The adoption hearing shall take place in the court of the county where theadoptive parents or the adoptee lives.

Authority To Place Child

 The Department of Social Services, a licensed adoption agency, or a certifiedsocial worker eligible to engage in private independent practice may place achild. When a child is placed in another State, inter-State agreements andcourt authorizations shall be completed.

Relative Adoption

 Where a stepparent is adopting a stepchild, the judge may but is not compelledto direct an investigation.

Attorney Referral Service
State Bar of South Dakota
222 East Capitol
Pierre, SD 57501
(605) 224-7554

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