Title 25 — DOMESTIC RELATIONS

Source: SL 1994, ch 204 , § 7.

The proceeding to determine paternity or compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to § 25-8-3 , may be instituted during the pregnancy of the mother or after the birth of the child. Except with the consent of the person …

The father and mother of a child born out of wedlock are jointly and severally liable to pay the reasonable expenses related to the mother's: (1) Pregnancy or prenatal care for the child; (2) Labor and delivery of the child; and (3) Postpartum recovery and any medical complicatio…

25-8-32 25-8-32 to 25-8-40. Repealed by SL 1984, ch 190 , §§ 30 to 38 25-8-41

25-8-6

Repealed by SL 1984, ch 190 , §§ 39 to 42 25-8-46 Terminology used in records of children born out of wedlock. 25-8-47 25-8-47 , 25-8-48. Repealed by SL 1984, ch 190 , §§ 43, 44 25-8-49 Admission of paternity as prima facie evidence. 25-8-50 Voluntary hospital-based paternity est…

In all records, certificates, or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of a child born out…

An admission by an alleged father of paternity of a child born out of wedlock, other than completion of an affidavit of paternity which creates a presumption of paternity as specified within this chapter, is prima facie evidence of paternity. Source: SL 1984, ch 190 , § 48; SL 19…

The custodian may recover support for a period of three years before the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of a written demand served personally or by registered or certified mail, return receipt…

Upon the birth of a child to an unmarried woman, and prior to discharge, any hospital, physician, health care provider, midwife, or nurse who assists in the birth of the child shall: (1) Provide an opportunity for the child's mother and alleged father to sign under oath an affida…

Notwithstanding § 34-25-16.4 , upon request from the Department of Social Services, the Department of Health shall forward to the Department of Social Services a copy of any affidavit of paternity on file with the Department of Health. Source: SL 1994, ch 204 , § 2.

A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence of paternity, and allows the Department of Social Services to proceed to establish a support obligation in accordance with the provisions of §§ 25-7A-5 to 25-7A-8 ,…

The hospital, physician, health care provider, or nurse is entitled to reimbursement for all reasonable costs associated with obtaining the affidavit of paternity. The Department of Social Services shall establish by rules, promulgated pursuant to chapter 1-26 , the amount of rea…

All hospitals, physicians, health care providers, certified nurse midwives, and nurses shall use all forms and written information as prescribed by the Department of Social Services. Source: SL 1994, ch 204 , § 5; SL 2017, ch 171 , § 50.

Any default judgment establishing paternity shall be obtained in accordance with the provisions of §

Any judgment of paternity, whether established through a voluntary acknowledgment process, or established by a court or administrative entity of this state, or any other state or jurisdiction, is entitled full faith and credit in this state. Source: SL 1994, ch 204 , § 8.

Any child born in wedlock, or born within ten months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void, or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can o…

The court may consider any of the following factors in determining the best interests of the child: (1) The length of time between the proceeding to adjudicate parentage and the time that the presumed or legally determined father was placed on notice that he might not be the gene…

Any action contesting a rebuttable presumption of paternity as established by §§ 25-8-50 to 25-8-58 , inclusive, shall be commenced in circuit court either sixty days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings rela…

25-8-7.1 Court ordered testing for paternity--Filing of results. 25-8-7.2 Persons authorized to perform test--Liability. 25-8-7.3 Test results--Documentation--Filing objections to admissibility. 25-8-8 Agreement on father's liability not binding unless judicially approved--Other …

In any out of wedlock birth, the name of the father shall be included within the birth record of the child only if the father and mother have signed an affidavit of paternity, or a court or administrative tribunal of competent jurisdiction has issued an order which adjudicates th…

In any action to establish paternity within this state, trial by jury is not allowed. Source: SL 1997, ch 155 , § 35.

In any action to establish paternity, or a proceeding to compel support, including a proceeding to compel payment of reasonable expenses pursuant to § 25-8-3 , medical bills related to a mother's pregnancy and prenatal care, labor and delivery, postpartum recovery, and medical co…

Every affidavit or adjudication of paternity shall be filed with the Department of Health for comparison with information contained within the state case registry. Source: SL 1997, ch 155 , § 37.

The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either exclude the presumed or legally determined father as the biological father of the child …

An action to determine paternity or proceedings to compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to § 25-8-3 , are civil actions governed by the Rules of Civil Procedure. They are not exclusive of other proceedings that may b…

In any action or proceeding in which the parentage of a child is at issue, including disestablishment proceedings pursuant to § 25-8-64 , upon motion of the court, the department, or any of the interested parties, the court shall, for good cause shown, order the mother, the child…

Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist, acting under court order, or at the request of both the mother and any alleged father of the child,…

The chain of custody of the blood, tissue, or other bodily substance taken under §§ 25-8-7.1 and 25-8-7.2 may be established through certified documentation of the change of custody if such documentation was made at or near the time of the change of custody, if it was made in the…

An agreement or compromise made by the mother or child or by some authorized person on their behalf, with the alleged father concerning the support of the child born out of wedlock is binding upon the mother and child only if adequate support is secured by payment, or otherwise, …

Proceedings to establish or disestablish paternity and enforce the obligation of the father may be brought at any time before the eighteenth birthday of the child. Source: SDC 1939 & Supp 1960, § 37.2131; SL 1983, ch 207 , § 2; SL 1986, ch 218 , § 57; SL 1989, ch 222 ; SL 2013, c…