Title 25, DOMESTIC RELATIONS

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…

For the purposes of this chapter, the term, adoption assistance state, means any state that is signatory to an adoption assistance agreement in a particular case. Source: SL 1990, ch 187 , § 3.

For the purposes of this chapter, the term, residence state, means the state of which the child is a resident by virtue of the residence of the adoptive parents. Source: SL 1990, ch 187 , § 4.

A compact entered into pursuant to this chapter shall have the following content: (1) A provision making it available for joinder by all states; (2) A provision for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of t…

Any compact entered into pursuant to this chapter may contain the following: (1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the ado…

Any resident child with special needs who is the subject of an adoption assistance agreement with another state is entitled to receive a medical assistance identification from this state upon the filing in the Department of Social Services of a certified copy of the adoption assi…

A person shall support himself or herself and his or her spouse out of his or her property or by his or her labor. Source: SDC 1939, § 14.0209; SL 1984, ch 12 , § 46.

If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries and recover the reasonable value thereof from the parent. Source: SDC 1939, § 14.0313.

The circuit court may direct an allowance to be made to a parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit. Source: SDC 1939, § 14.0314.

In case the husband or wife abandon the other and remove from the state and remain absent therefrom one year or more, or be sentenced to imprisonment in the county jail or state penitentiary for a period of one year or more, or become mentally ill and be committed to the South Da…

If a parent chargeable with the support of a child dies leaving it chargeable upon the county, and leaving an estate sufficient for its support, the officers of the poor, in the name of the county, may claim provision for its support from the parent's estate by civil action, and …

The parent of any child under the age of ten years and any person to whom any such child has been confided for nurture or education who deserts such child in any place with intent to wholly abandon the child, is guilty of a Class 4 felony. Source: SDC 1939, § 13.3201; SL 1977, ch…

A parent of a minor child who intentionally omits without lawful excuse to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the person's child is guilty of a Class 1 misdemeanor. If a parent, during a violation, lea…

Notwithstanding any provision of chapter 23A-43 to the contrary, any cash bond deposited with the court, whether or not personally posted by the defendant, to assure appearance of an individual charged with nonsupport of a child under § 25-7-15 or 25-7-16 or subject to civil proc…

Proof of abandonment or desertion of a child by a parent, or the omission by a parent to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for his child is prima facie evidence that the abandonment, desertion, or omissio…

However, any parent who chooses nonmedical remedial health services recognized or permitted under state law in the legitimate practice of religious beliefs in lieu of medical attendance is not for that reason alone in violation of §§ 25-7-17 and 25-7-20 . Source: SL 1982, ch 195 …

The provisions of §§ 25-7-16 to 25-7-20 , inclusive, are applicable whether the parents of such child are married or divorced, and regardless of any decree made in any divorce action relative to alimony or to the support of the child. A child conceived but not yet born is to be d…