Title 25 — DOMESTIC RELATIONS

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 Repealed by SL 1984, ch 190 , §§ 30 to 38 25-8-41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Repealed by SL 1984, ch 190 , §§ 39 to 42 25-8-46 Terminology used in records of children born out of wedlock. 25-8-47 25-8-47 , 25-8-48. Repealed by SL 1984, ch 190 , §§ 43, 44 25-8-49 Admission of paternity as prima facie evidence. 25-8-50 Voluntary hospital-based paternity est…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…

This chapter may be cited as the Uniform Interstate Family Support Act. Source: SL 2015, ch 148 , § 101.

Terms used in this chapter mean: (1) "Child," an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent; (2) "Child…

(a) The Department of Social Services and the Unified Judicial System are the tribunals of this state. (b) The Department of Social Services is the support enforcement agency of this state. Source: SL 2015, ch 148 , § 103.

(a) Remedies provided pursuant to this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) The provisions of this chapter do not: (1) Provide the exclusive method of establ…

(a) A tribunal of this state shall apply Articles 1 to 6, inclusive, and, as applicable, Article 7, to a support proceeding involving: (1) A foreign support order; (2) A foreign tribunal; or (3) An obligee, obligor, or child residing in a foreign country. (b) A tribunal of this s…

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: (1) The individual is personally served with…

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction…

Pursuant to this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country. Source: SL 2015, ch 148 , § 203.

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1) The petition or comparable pleading in this state is filed before the e…

(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: (1) At the time of the filing of a reque…

(a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) The order if the order is the controlling order and has not been modified by a tribu…

(a) If a proceeding is brought pursuant to this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought pursuant to this chapter, and two or more child support orders have been issu…

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tr…

A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling orde…

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding pursuant to this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to § 25-9…

(a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b) A tribunal of this state may not modify a spousal …

(a) Except as otherwise provided in this chapter, this Article applies to all proceedings pursuant to this chapter. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized pursuant to this chapter by filing a petition in an initiating tri…

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Source: SL 2015, ch 148 , § 302.

Except as otherwise provided in this chapter, a responding tribunal of this state shall: (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proc…

(a) Upon the filing of a petition authorized pursuant to this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the i…