Title 25 — DOMESTIC RELATIONS

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; (…

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…

25-5A-7.2 Medical and social history form required prior to termination--Filing--Copy available to adoptive parent--Failure to comply does not void termination. 25-5A-7.3 Rules and regulations adopted by department for securing medical and social history. 25-5A-7.4 Violation of m…

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 §

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…

25-6-15.1 Confidentiality of records. 25-6-15.2 Nonidentifying information--Release to adoptive parent or adoptee. 25-6-15.3 Registry of consents to release of identifying information. 25-6-16 Change of name by adopted child--Relationship with adoptive parent. 25-6-17 Rights and …

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…

All papers, records, and information pertaining to an adoption whether part of the permanent file in the Department of Social Services or in a child placement agency are confidential and may be disclosed only in accordance with §§ 25-6-15 to 25-6-15.3 , inclusive. Source: SL 1985…

Nonidentifying information, if known, shall be made available to the adoptive parent, or to the adoptee upon reaching the age of eighteen, upon written request and proper proof of identification. This information or any part thereof may be withheld only if it is of such a nature …

The Department of Social Services shall maintain a voluntary registry of those adoptees and natural parents who have presented a consent regarding the release of identifying information about themselves. Any consent shall indicate to whom the information may be released and wheth…

A child, when adopted, may take the family name of the person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child and have all the rights and be subject to all the duties of that relation. Source: SDC 1939, § 14.0407; SL 1943, …

The natural parents of an adopted child are from the time of the adoption, relieved of all parental duties towards, and of all responsibility for the child so adopted, and have no right over it. Adoption of a child shall be final and unconditional except as otherwise provided by …

An adult may adopt another adult by filing a petition requesting the adoption with the judge of the circuit court, together with an agreement in writing that the person being adopted shall be treated in all respects as a natural child of the petitioner. Written consent of the ado…

Upon showing of good cause to the judge and if the documents required by § 25-6-18 are in proper form and show the proper facts, upon the filing of same the judge of the circuit court shall enter an order allowing the petition for adoption of an adult and declaring the adoption c…

Any minor child may be adopted by any adult person. However, the person adopting the child shall be at least ten years older than the child adopted unless the court finds the adoption of the child by the adult person in the best interest of the child. In an adoption proceeding or…

The provisions of §§ 25-6-6 to 25-6-8 , inclusive, and of §§ 25-6-16 and 25-6-17 shall be applicable to adult adoption, but a new birth certificate shall be issued only if requested in the petition. Source: SDC 1939, § 14.0406 as added by SL 1961, ch 216 .

Except in any case involving fraud or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), any proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things legalized, cured, and validated one year after the pro…

An adoptee or the adoptee's legal guardian having knowledge of a hospital or clinic with medical information of an adoptee's birth parent may provide a written request to the hospital or clinic for that information. The adoptee shall send a copy of the written request to the Depa…

When a child is adjudicated to be abused or neglected and a court enters a decree terminating 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 th…

Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), if that Act is applicable. Source: SL 2004, ch 2 , § 9, eff. Mar. 3, 2004; SL 2019, ch 127 , § 2.

Any order of adoption entered in compliance with the laws of another jurisdiction or nation shall have the same effect as an order for adoption entered in this state. Source: SL 2007, ch 157 , § 1.

A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent. Source: SDC 1…

No child may be adopted without the consent of the child's parents. However, if it is in the best interest of the child, the court may waive consent from a parent or putative father who: (1) Has been convicted of any crime punishable by imprisonment in a state correctional facili…

It shall be unlawful to compel, coerce, or force by any means, any person to release, sell, place, relinquish, or give up for adoption any minor child. A violation of this section shall be a Class 6 felony. Source: SL 1977, ch 205 , § 2.

Any person who offers, gives, or receives any money or other consideration or thing of value in connection with the placing of any child for adoption, or relating to the consent to adoption, or with the petition for adoption except such charges as are approved by the court and fe…

The consent of the child, if over the age of twelve years, is necessary to its adoption. Source: SDC 1939, § 14.0404.

The circuit court is vested with the jurisdiction to hear, try, and determine all matters relative to the adoption of children, subject to the right of appeal in the same form and manner as appeals are taken from the circuit court. Source: SDC 1939, § 14.0405; SL 1951, ch 42 , § …

A petition for adoption may be filed in the circuit court for any of the following counties: (1) The county in which the adopting parent resides; (2) The county in which the authorized agency having care, custody, or control, whether legal or physical, of the child involved is lo…

The adoption of two or more children by the same adopting parent or parents may be included in one proceeding, provided, that a separate order of adoption shall be made and filed by the court as to each child adopted. Source: SDC 1939, § 14.0405 as added by SL 1951, ch 42 , § 1.

No petition for adoption shall be granted until the child shall have lived within the proposed foster home for a period of at least six months. Source: SDC 1939, § 14.0406; SL 1945, ch 47 , § 1; SL 1947, ch 54 .

A person may not place a child in a home for adoption until a home study has been completed by a licensed child placement agency, as defined in § 26-6-14 , the Department of Social Services, or a certified social worker eligible to engage in private independent practice, as defin…

The provisions of §§ 25-6-9.1 and 25-6-15 apply to any child placement made after July 1, 1986. Source: SL 1986, ch 214 , § 4.

The Department of Social Services shall consider the holder of a medical assistance identification pursuant to § 25-6A-9 , as any other holder of a medical assistance identification under the laws of this state. The department shall process and make payment on claims on account o…

The Department of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. To this end, the adop…

The submission of any claim for payment or reimbursement for services or benefits pursuant to §§ 25-6A-10 and 25-6A-11 , or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be …

The provisions of §§ 25-6A-9 to 25-6A-12 , inclusive, apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special n…

Consistent with federal law, the Department of Social Services, in connection with the administration of this chapter or any compact entered into pursuant to § 25-6A-3 , shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 9…

The Governor may appoint a compact administrator. The administration of the compact shall be in the Department of Social Services. Source: SL 1986, ch 216 , § 2.

The Department of Social Services may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement the purposes set forth in this chapter. Source: SL 1990, ch 187 , § 1.

For the purposes of this chapter, the term "state," means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the Un…