Title 25, DOMESTIC RELATIONS

Terms in this chapter mean: (1) "Authorized agency," the Department of Social Services of South Dakota or any agency licensed by the department to place children for adoption; (2) "Child," any minor; (3) "Parents," the mother and father, if living, of a child; (4) "Putative fathe…

A notice required pursuant to § 25-5A-9 , may be served by any person authorized by the laws of this state to serve a summons in a civil action. Such notice shall be personally served upon every person required to be served if such person resides within the state and may be serve…

If the court finds that personal service as provided in § 25-5A-11 cannot be accomplished, the court shall publish notice of the time, place, and purpose of the hearing as provided in § 26-7A-48 . The form and wording of notice shall be prescribed by the court. Source: SL 1971, c…

All hearings shall be held before the court, privately, but for reasons appearing sufficient to the court, the hearing in any particular case may be made public. Source: SL 1971, ch 165 , § 6 (7).

The personal presence of one parent at the hearing is required for jurisdictional purposes. However, for good cause shown, and upon notice to any other person or authorized agency whose consent is required pursuant to § 25-5A-6 , the court may permit a parent to appear telephonic…

Hearings shall be informal in nature and the best interest of the child shall be considered paramount. Source: SL 1971, ch 165 , § 6 (5).

At the time of the hearing the court, after full and complete inquiry, shall determine whether the petitioner or petitioners are fully aware of the purpose of the proceedings and the consequences of their act. Source: SL 1971, ch 165 , § 6 (8).

The court shall make a verbatim record of all proceedings under this chapter. Source: SL 1971, ch 165 , § 11.

Upon proof of the notice required by § 25-5A-9 and personal service as required by §§ 25-5A-11 and 25-5A-12 to all parents and putative fathers of a child, if, after the court determines that the parents have consented or have waived consent pursuant to § 25-6-4 , the court finds…

Any order entered under this chapter is conclusive and binding on all parties. However, an appeal may be taken to the Supreme Court from a judgment, decree, or order of the circuit court under this chapter within thirty days from the date of its filing. The appeal shall be taken …

The procedure for the voluntary termination of parental rights for the purpose of adoption or, if a suitable adoption plan cannot be effected, for the purpose of providing for the care of the child by some other plan which may or may not contemplate the continued possibility of e…

The files and records of the court in proceedings under this chapter, and all matters therein, shall remain confidential and shall not be open to inspection or copy by any person, except under order of the court expressly permitting inspection or copy. Source: SL 1971, ch 165 , §…

This chapter shall not be treated or construed as exclusive of any other remedy authorized by law but as cumulative merely. Source: SL 1971, ch 165 , § 12.

Any birthparent who plans to petition the court for the voluntary termination of parental rights shall obtain counseling regarding the termination from a licensed child - placement agency as defined in § 26-6-14 , the Department of Social Services, or either a certified social wo…

Any person providing counseling pursuant to § 25-5A-22 shall make every reasonable effort to meet with the birthparents at least fifteen days before termination of parental rights for the purpose of counseling the birthparents. The counseling shall include the following: (1) Veri…

A written report of the counseling shall be submitted directly to the court, and a copy shall be mailed to the Department of Social Services. The report shall contain the following information regarding the birthparent counseled: (1) A statement signed by the birthparent that cer…

Failure to comply with §§ 25-5A-22 to 25-5A-24 , inclusive, may not be considered a basis for setting aside a voluntary termination of parental rights or an adoption. Source: SL 1994, ch 197 , § 4.

Except in any case involving fraud, any proceeding for the termination of parental rights commenced by a parent under chapter 25-5A is in all things legalized, cured, and validated two years after the proceeding is finalized. If any person has a claim or right arising from the te…

An emergency services provider or licensed child placement agency must accept physical custody of a newborn if: (1) The newborn is voluntarily surrendered by the newborn's parent: (a) To an agent of the provider or agency; or (b) In a newborn safety device, as provided in § 25-5A…

An emergency services provider or a licensed child placement agency may install and maintain a newborn safety device on its premises, if the premises are staffed twenty-four hours per day, seven days per week. The newborn safety device must: (1) Be in a conspicuous location on th…

It is not a crime for a parent to surrender a newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27 , if the newborn has not been harmed prior to being surrendered. Source: SL 2001, ch 132 , § 2; SL 2025, ch 107 , § 3.

Fourteen days after a parent surrenders a newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27 : (1) The parent's rights with respect to the newborn are terminated; and (2) The legal and physical custody of the newborn is assum…

A petition for the voluntary termination of parental rights may be filed by a parent. Source: SL 1971, ch 165 , § 4; SL 1973, ch 163 , § 7.

Any emergency services provider or licensed child placement agency that accepts physical custody of a newborn pursuant to § 25-5A-27 may ask the newborn's parent for information relating to the newborn's medical history and the names of the parents. The parent is not required to …

Any emergency services provider or licensed child placement agency that accepts physical custody of a newborn pursuant to § 25-5A-27 is immune from civil, criminal, and administrative liability for any act of commission or omission in connection with the acceptance of that custod…

If an emergency services provider or a licensed child placement agency accepts physical custody of a newborn, pursuant to § 25-5A-27 , the provider or agency must immediately notify the Department of Social Services. Except as otherwise provided in this section, the department mu…

If one parent surrenders the newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27 , the non-surrendering parent may file an action for custody of the newborn. The non-surrendering parent shall file the action within thirty days…

For the purposes of §§ 25-5A-27 to 25-5A-35 , inclusive, the following terms mean: (1) "Emergency services provider": (a) An ambulance service licensed in accordance with chapter 34-11 ; (b) A fire department; (c) A health care facility licensed in accordance with chapter 34-12 ;…

Sixty days after the emergency services provider or licensed child placement agency accepts physical custody of the newborn, a hearing must be held in circuit court to terminate parental rights. Source: SL 2001, ch 132 , § 9; SL 2004, ch 2 , § 7; SL 2025, ch 107 , § 10.

Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2004, if that Act is applicable. Source: SL 2004, ch 2 , § 8.

No petition may be filed under this chapter prior to five days after the birth of the child. Source: SL 1971, ch 165 , § 2.

The circuit court shall have jurisdiction of proceedings under this chapter to terminate parental rights. A petition for voluntary termination of parental rights may be filed in the circuit court for any of the following counties: (1) The county in which the petitioner resides; (…

The petition for the voluntary termination of parental rights under this chapter shall be verified and contain the: (1) Name and place of residence of the petitioner or petitioners; (2) Name, sex, race, citizenship, and date of birth of the child; (3) Relationship of the petition…

If the individual in whom the right exists under this chapter to petition or to execute waivers or consents has not reached majority, this fact shall not affect the validity of such petition, consent or waiver notwithstanding any statutory provisions to the contrary. Source: SL 1…

Prior to the giving of consent to voluntary termination of parental rights, the parent shall complete a medical and social history form which shall be supplied by the Department of Social Services. When completed such form shall be filed with the court of the state where the medi…

The Department of Social Services shall adopt rules and regulations pursuant to chapter 1-26 to carry out § 25-5A-7.2 . Such rules and regulations shall only provide for securing the minimum amount of information to adequately describe the physical, social, and medical background…

Any violation of § 25-5A-7.2 shall be a Class 1 misdemeanor and shall be considered a misdemeanor involving moral turpitude. Source: SL 1977, ch 205 , § 6.

The hearing procedure under this chapter shall be as provided in §§ 25-5A-9 to 25-5A-16 , inclusive. Source: SL 1971, ch 165 , § 6.

If a petition for the voluntary termination of parental rights is filed, the court shall set a date for a hearing thereon, and shall cause notice of the time, place, and purpose of the hearing to be served upon the parent or parents. No such notice is necessary if a waiver execut…

If the biological mother of a child is not married to the father of the child at the time of the conception or birth of the child, or at any time between conception and birth of the child, the father becomes an acknowledged father of the child and adopts the child only by: (1) Op…

Notwithstanding any other provision of law or court ruling, if the biological mother of a child is not married to the father at the time of conception or birth of the child, or at any time between conception and birth of the child, the father of the child, as a requirement of due…

Whenever a person, or a husband and wife jointly, petition the circuit court for leave to adopt a minor child, the judge of the circuit court must fix a time for hearing not less than ten days from the filing of the petition. A petitioner may file the petition with the circuit co…

Upon the filing of a petition for the adoption of a minor child the petitioner therein shall notify the Department of Social Services, by mailing to the department a copy of the petition. The petitioner also shall notify the department of the date fixed for hearing the petition, …

Before the hearing on a petition for adoption, the person adopting a child, the child adopted, and the other persons whose consent is necessary, shall execute their consent in writing, and the person adopting shall execute an agreement to the effect that the child adopted shall b…

The circuit judge must examine all persons appearing separately and if satisfied from such examination and the report of the investigation that the child is suitable for adoption and the petitioning foster parent or parents financially able and morally fit to have the care and tr…

The files and records of the court in an adoption proceeding are not open to inspection or copy except: (1) By the parents by adoption and their attorneys, representatives of the Department of Social Services, and the child upon reaching age eighteen, upon written request and pro…