Title 34 — PUBLIC HEALTH AND SAFETY

The State Department of Health shall have charge of the registration of births, deaths, fetal deaths, burials, marriages, and divorces. Source: SL 1931, ch 267 , § 1; SDC 1939, § 27.0201; SL 1941, ch 124 , § 1; SL 1945, ch 103 , § 1; SL 1972, ch 194 , § 1; SL 1978, ch 255 , § 1; …

Terms as used in this chapter mean: (1) "Authorized representative," an attorney, physician, funeral director, or other designated agent acting on behalf of the family; (1A) "Autopsy," the post mortem dissection and examination of a dead body, including fetal tissue older than tw…

If the mother was married at the time of conception or birth, or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless: (1) Paternity has otherwise been determined by a court of competent jurisdicti…

If the mother was not married at the time of conception or birth, or at any time between conception and birth, the name of the father may not be entered on the certificate of birth without the written consent of the mother and the person to be named as the father unless a judicia…

If the mother was not married at the time of conception or birth, or at any time between conception and birth, the mother's surname shall be shown on the birth certificate as the legal surname of the child at the time of birth unless an affidavit of acknowledgment of paternity si…

If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate. Source: SL 1972, ch 194 , § 14.

In the case of a neglected or abandoned child, whose parents are unknown, such child shall be examined immediately by a licensed physician who shall assign a given name to the child, and, within seven days, file directly with the State Department of Health a certificate, in form …

In cases of legitimation, the department, upon receipt of proof of the marriage of the parents after the birth of the child together with an affidavit of paternity signed by both parents of the child, shall prepare a new certificate of birth in the new name of the legitimated chi…

Within ten days after the filing of every original, amended, or annulled decree of adoption, the clerk of courts shall forward to the department such information necessary to establish a new certificate of birth on a form prepared by the department. Source: SL 1939, ch 168 , § 12…

If the birth occurred in South Dakota, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. However, a new certificate of birth may not be prepared if so requested by the court decreeing the adoptio…

A new certificate of birth following adoption may be prepared for a person born in this state whose birth was not previously recorded, if the date and place of birth have been established in the adoption proceedings. Source: SL 1972, ch 194 , § 19.

When adoption information is received for a child born in another state, such information shall be forwarded to the appropriate registration authority in the state of birth. Source: SL 1972, ch 194 , § 20.

When a new certificate of birth is established pursuant to §§ 34-25-15 to 34-25-16.2 , inclusive, the original certificate of birth together with the adoption information or other evidence upon which a new certificate is made must be sealed, filed, and may not be opened except by…

When a new certificate of birth is established by the State Department of Health, all copies of the original certificate of birth in the custody of any local registrar in this state shall be sealed from inspection or forwarded to the State Department of Health, as directed. Sourc…

County registers of deeds may issue, by computer generation, certified copies of birth certificates. Source: SL 1993, ch 253 , § 5.

For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise determined by a court of law prior to the filing of the birth certificate. Source: SL 1993, ch 253 , § 10.

If a person obtains a court order for a name change under § 21-37-5.2 and requests a new certificate of birth, the person shall present a certified copy of the court order and the department shall issue a new certificate of birth. The original certificate, and any other evidence …

34-25-18 Medical certificate signed by attending physician, physician assistant, or nurse practitioner--Time for execution. 34-25-18.1 Determination of death. 34-25-19 34-25-19 , 34-25-20. Repealed by SL 1972, ch 194 , § 45. 34-25-21 Notice of death without attending physician, p…

The licensed physician, physician assistant, or certified nurse practitioner, if any, last in attendance on any person whose death occurs in this state, shall complete, sign, and file a medical certificate with the department within five days of the date of death except in cases …

Any individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical st…

If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of the death. Upon notification, the county coroner shall complete the medical cert…

If the county coroner has reason to believe that the death may have been due to other than natural causes, he shall then refer the case to the state's attorney, sheriff, or police for further investigation. Source: SL 1931, ch 267 , § 7; SDC 1939, § 27.0209; SL 1968, ch 113 .

The county coroner of each county shall take or cause to be taken blood samples of any person who has died from apparent violence, fire, suicide, or motor vehicle, agricultural, or industrial accident. The samples shall be taken as soon as practicable after the death has been dis…

34-25-24 Permit required for disposition of dead body or fetus. 34-25-24.1 Notice to funeral director--Communicable disease or condition. 34-25-25 Fact of death record filed by funeral director--Sources of data--Place and time of filing. 34-25-25.1 Place of filing death certifica…

For deaths occurring in a health care facility licensed under chapter 34-12 , the health care facility shall notify the funeral director, or person acting as such who first assumes custody of the dead body, if the body at the time of death had a communicable disease or condition …

The funeral director, or person acting as such, who first assumes custody of a dead body shall file a fact of death record. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available. A fact of death record for each d…

If the place of death is unknown, a death certificate shall indicate the place of death as the location in which a dead body is found. If death occurs in a moving conveyance, a death certificate shall indicate the place of death as the location where the body was first removed fr…

A fetal death report for the death of each fetus which has attained a gestational age of not less than twenty completed weeks and which is not an abortion and reportable as such under chapter 34-23A which occurs in this state shall be filed with the Department of Health, in accor…

Any parent may provide a name for a stillborn child on the request for a certificate of birth resulting in stillbirth. If the requesting parent does not wish to provide a name, the Department of Health shall fill in the certificate with the name "baby boy" or "baby girl" and the …

Any certificate of birth resulting in stillbirth shall include information referencing the corresponding fetal death report. Source: SL 2007, ch 195 , § 4.

The Department of Health shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate. Source: SL 2007, ch 195 , § 5.

The Department of Health may not use a certificate of birth resulting in stillbirth to calculate live birth statistics. Source: SL 2007, ch 195 , § 6.

Each applicant for a certificate of birth resulting in stillbirth shall submit a ten dollar fee to the Department of Health for the preparation and filing of the record. Source: SL 2007, ch 195 , § 7.

Any parent may request the Department of Health to issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death report was filed. Source: SL 2007, ch 195 , § 8.

Any parent may request the Department of Health to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on, before, or after July 1, 2007. Source: SL 2007, ch 195 , § 9.

The physician or other person in attendance at or after the delivery shall file the report of fetal death to the Department of Health within seven days of delivery. If a fetal death occurs without medical attendance upon the mother at or after delivery, the coroner shall complete…

Remains of a human embryo or fetus resulting from an abortion or miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical facility shall be disposed of in the manner provided by §§ 34-25-32.3 to 34-25-32.7 , inclusive. Source: SL 1998, ch …

Any hospital, clinic, or medical facility in which abortions are induced or occur spontaneously or accidentally or any laboratory to which the remains of human embryos or fetuses are delivered shall arrange for the disposal of the remains by cremation, interment by burial, or by …

Any failure to comply with the provisions of §§ 34-25-32.3 to 34-25-32.7 , inclusive, constitutes a public nuisance. Any person, firm, or corporation failing to comply with the provisions of §§ 34-25-32.3 to 34-25-32.7 , inclusive, is guilty of a Class 1 misdemeanor. Source: SL 1…

No religious service or ceremony is required as part of the disposition of the remains of a human embryo or fetus. The hospital, clinic, or medical facility shall discuss or disclose the method of disposition with the woman who had the miscarriage. Source: SL 1998, ch 208 , § 4.

Tissue and organ donation may occur in cases of spontaneous abortions if the consent of the mother is obtained. Source: SL 1998, ch 208 , § 5.

Terms used in §§ 34-25-32.8 to 34-25-32.16 , inclusive, mean: (1) "Stillbirth," any intrauterine fetal death occurring in this state after a gestational age of not less than twenty completed weeks; and (2) "Certificate of birth resulting in stillbirth," a certificate issued to re…

Any person who is required to file a fetal death report pursuant to § 34-25-32.2 shall advise the parent or parents of a stillborn child: (1) That a parent may, but is not required to, request a certificate of birth resulting in stillbirth by contacting the Department of Health t…

The funeral director or person acting as such shall, within ten days after final disposition, file or transmit the original burial or removal permit to the local registrar of the district in which final disposition was made. Source: SDC 1939, § 27.0210 as added by SL 1941, ch 124…

A burial - transit permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be the authority for final disposition of the body or fetus in this state. Source: SL 1931, ch 267 , § 5; SDC 1939, § 27.0211; SL 1972, ch 194 , § …

34-25-36 Records and monthly report of funeral director. 34-25-37

A funeral director, embalmer, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and shall …

34-25-38 Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rules. 34-25-38.1 Issuance of disinterment permit. 34-25-39 Completion of burial permit when no person in charge of cemetery. 34-25-40 34-25-40 , 34-25-41. Repealed by SL 1972, ch 194 ,…

No person in charge of any premises in which interments are made, shall inter, or permit the interment, disinterment, or other disposition of any body, unless it is accompanied by a burial, removal, disinterment, or transit permit. The Department of Health shall promulgate rules …

A disinterment permit shall be issued by the department upon receipt of a written or electronic application from a person licensed by the State Board of Funeral Service or upon receipt of an order of a court of competent jurisdiction directing the disinterment. If the disintermen…