Title 25 — DOMESTIC RELATIONS

A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. The voiding of any such declaration pursuant to this section does not alter any contractual obligations or rights or any property rights or interests which arose during the …

Except for proceedings under chapter 26-7A , 26-8A , 26-8B , or 26-8C , the court may allow any person other than the parent of a child to intervene or petition a court of competent jurisdiction for custody or visitation of any child with whom he or she has served as a primary ca…

The husband and wife are presumed to be the parents of any child born to the wife during the marriage or within ten months after the dissolution of the marriage. Source: SDC 1939, § 14.0301; SL 1991, ch 210 , § 3; SL 1994, ch 194 . 25-5-4, 25-5-5. Repealed by SL 1991, ch 210 , §§…

Serious detriment to a child may exist whenever there is proof of one or more of the following extraordinary circumstances: (1) The likelihood of serious physical or emotional harm to the child if placed in the parent's custody; (2) The extended, unjustifiable absence of parental…

Nothing in § 25-5-29 creates any right on behalf of a stepparent to seek custody or visitation with a stepchild who has lived with that stepparent merely because the stepparent was married to or living with the child's parent. Source: SL 2002, ch 126 , § 3.

If a court determines that a person other than a parent should be awarded custody or visitation, the court need not terminate either parent's parental rights over the child. A judgment awarding to a person other than a parent custodial rights may award the parent visitation right…

If a court awards a person other than a parent custodial rights to a child, the court may set child support in whatever amount it deems appropriate, and notwithstanding the provisions of any other statute to the contrary, may waive the parent's duty to provide monetary or other s…

25-5-1, 25-5-2. Repealed by SL 1991, ch 210 , §§ 1, 2

A mother may breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present as long as the mother is in compliance with all other state and municipal laws. However, no municipality may outright ban breast feeding in publ…

The parent, as such, has no control over the property of the child. Source: SDC 1939, § 14.0318.

Subject to the court's right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally entitled to the child's custody, service, and…

In any custody dispute between parents, the court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on, and participate in, major decisions affecting the welfare of …

During the time a child, over whom the court has ordered joint legal custody to both parents, resides with either parent, that parent shall decide all routine matters concerning the child. Source: SL 1989, ch 217 , § 2.

Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, orthodontia, optometric and similar health care, and school records shall be made equally available to both parents. Counseling, psychiatric, psychotherapy, and other re…

If either parent enrolls the child in any social, beneficent, religious, or peer group activity, service, benefit, or program for which written application is required, the enrolling parent shall provide the name and address of the other parent on, or supplementary to, the applic…

The provisions of §§ 25-5-7.3 and 25-5-7.4 do not apply in any case in which a court has: (1) Terminated the rights of either parent; or (2) Restrained either parent, by court order, from contact with the child. Moreover, a court of competent jurisdiction may determine that the a…

Each parent sharing joint legal custody of their child shall foster the other parent's relationship with the child. Source: SL 2011, ch 131 , § 2.

The husband and father, as such, has no rights superior to those of the wife and mother in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other. Source: SDC 1939, § 14.0305.

When husband and wife live separate and apart from each other without being divorced, the circuit court or judge thereof, upon application of either, may grant a writ of habeas corpus to inquire into the custody of any minor unmarried child of the marriage, and may award the cust…

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…

25-5A-12 Service by publication and mail. 25-5A-13 Private hearings--Opening to public. 25-5A-14 Personal presence of parent required--Appearance by telephone--Power of attorney--Indian Child Welfare Act. 25-5A-15 Hearings informal--Best interest of child. 25-5A-16 Determination …

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 §

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.