South Dakota Adoption Laws: What Birth Mothers, Adoptive Families and Adoptees Need to Know
Whether you're placing a child for adoption, growing your family, or exploring your rights as an adoptee, South Dakota adoption law plays a crucial role in a successful adoption. When you understand your legal rights and options, you can move forward with confidence.
This guide will walk you through the most important aspects of South Dakota adoption law and how our agency can support you each step of the way.
Contact us today to speak with a South Dakota adoption specialist.
For Birth Mothers: Your Legal Rights
Can I choose adoption for my baby?
Yes. In South Dakota, you have the legal right to place your child for adoption voluntarily. A parent may consent to adoption at any time after the child is born, and the court will review the consent to ensure it was given freely and in accordance with legal requirements. The Department of Social Services or a licensed agency often facilitates the legal process.
When can I give my baby up for adoption?
South Dakota Law allows a birth parent to sign a consent to adoption at any time after the child’s birth, but the finalization process cannot proceed until at least five days after birth. This built-in delay ensures you have time to consider your decision carefully.
Can I get my baby back after adoption?
After your consent is filed and the court issues a decree of termination, your parental rights are legally ended. Consent can only be revoked prior to the entry of the final decree and only under limited circumstances, such as fraud or duress. Once finalized, adoption is permanent.
Can you do adoption without the father's consent?
In some cases, yes. If the father has not legally established paternity, failed to support the child, or has abandoned the child, his consent may not be required. The court makes the final decision after reviewing evidence and efforts to notify the father.
Do both birth parents have to sign adoption papers in South Dakota?
Typically, both legal parents must consent unless one parent’s rights have been terminated, they cannot be located, or other exceptions apply. If one parent is unavailable or unwilling, the court may waive their consent based on the best interests of the child.
Can I get paid for adoption?
You cannot be paid for placing a child for adoption. However, adoptive families can legally cover reasonable prenatal, medical, legal, and living expenses related to the pregnancy, as long as these are documented and reviewed by the court.
Can you choose who adopts your baby?
Yes. South Dakota Law supports your right to choose the adoptive parents. Most licensed agencies provide family profiles and support meetings so you can make an informed, confident choice for your child’s future.
Can people from a different state adopt my baby?
Yes. Out-of-state adoptions must comply with the Interstate Compact on the Placement of Children (ICPC). This ensures both South Dakota and the adoptive family’s home state approve the placement legally before the child is transferred.
Can I give my baby up for adoption without any agency?
Yes. Private (independent) adoptions are allowed, but legal representation is required. Even if no agency is involved, you must still complete proper consent forms, file with the court, and ensure all legal steps are met.
Can my spouse adopt my child?
Yes. Stepparent adoption is a common and often expedited process in South Dakota. The noncustodial birth parent's consent is required unless their rights have already been terminated or waived by the court due to abandonment or other factors.
Can my family adopt my baby?
Yes. South Dakota permits relative adoptions, and placements with family members may qualify for streamlined procedures. Consent, court approval, and background checks are still required.
Can you anonymously put a baby up for adoption?
Yes. South Dakota’s Safe Haven Law allows you to surrender a newborn (up to 60 days old) at a hospital or emergency medical services provider without legal consequences, as long as the child has not been harmed.
Can I have contact with my child after the adoption?
Yes, if the adoptive family agrees. While open adoption is allowed, South Dakota does not consider Post-Adoption Contact Agreements (PACAs) legally enforceable. However, many families honor these agreements voluntarily.
(No statute mandates enforceability; PACAs are private agreements.)
How does tribal adoption work for Native American children?
If the child is eligible for membership in a federally recognized tribe, the Indian Child Welfare Act (ICWA) applies. This federal law requires notice to the tribe, and preference is given to placing the child with family members or within the tribal community.
Federal ICWA – 25 U.S.C. §§ 1901–1963
Can I drop my baby off at a fire station?
No. South Dakota’s Safe Haven Law only authorizes hospitals and emergency medical services providers as legal surrender locations. Fire stations are not included.
What rights do biological parents have after adoption?
Once the court finalizes the adoption, all legal rights and responsibilities are permanently terminated. If an informal agreement exists for post-placement contact, it can continue, but it is not guaranteed by law.
For Adoptive Families: Starting Your Family with Confidence
Do you have to be married to adopt in South Dakota?
No. South Dakota Law permits both single adults and married couples to adopt. However, if you are married, both spouses must jointly petition for adoption unless one is the biological parent. Unmarried couples cannot jointly adopt and must designate one legal parent in private adoptions.
How old do you have to be to adopt a baby?
There is no statutory minimum age set in South Dakota’s laws. However, adoption agencies typically require prospective adoptive parents to be at least 21 years old, based on maturity, stability, and legal adulthood. The court reviews each case to determine suitability.
(No statute; guided by agency policy and judicial discretion)
Do you need a home study for a private adoption in South Dakota?
Yes. Whether through an agency or independently, all prospective adoptive parents must complete a home study by a licensed child placement agency or social worker. This process includes background checks, home visits, interviews, and a written report submitted to the court.
Do you need a home study for an independent adoption?
Yes. Even in private adoptions, South Dakota requires a home study unless the court specifically waives the requirement in limited cases (such as stepparent or relative adoptions). The evaluation ensures the child’s safety and placement stability.
Can you adopt without an agency?
Yes. Independent adoptions are legal in South Dakota. However, you must still follow all legal procedures, including the home study, background checks, and court approval. It’s recommended to work with an adoption attorney familiar with state law.
What are the steps to adopt?
The typical adoption process in South Dakota includes:
- Completing a home study
- Filing a petition to adopt in circuit court
- Obtaining legal consent from birth parents or legal guardians
- Undergoing a post-placement supervision period (usually 6 months)
- Attending a final adoption hearing, where the judge issues the adoption decree
Can you adopt a child from another state?
Yes. South Dakota is part of the Interstate Compact on the Placement of Children (ICPC). If the child or adoptive family lives in another state, both states must approve the placement before it occurs. This process is coordinated through your agency or attorney.
Can we advertise for a birth mother?
No. Only licensed child placement agencies and attorneys may legally advertise for adoptive placements in South Dakota. Unlicensed individuals may not publish notices or online ads seeking birth parents.
Can a birth father stop an adoption?
Yes — if he proves legal paternity and shows a consistent commitment to parenting. If the father fails to register with the putative father registry, provide support, or object in court, the court may proceed without his consent.
What if the birth parents don't sign adoption papers?
The court can terminate parental rights involuntarily if it finds abandonment, unfitness, or a failure to provide care or support. Clear and convincing evidence must be presented in court to proceed without parental consent.
When is an adoption finalized in South Dakota?
An adoption is generally finalized six months after placement, following the post-placement supervision period. The family must attend a court hearing where the judge reviews documentation and issues the final adoption decree.
Can birth mothers change their mind?
Yes — but only before the court finalizes the adoption. Once the decree is issued, your consent becomes irrevocable unless fraud or coercion can be proven. South Dakota Law prioritizes the permanence of adoptive placements.
Are adoptive parents on the birth certificate in South Dakota?
Yes. After the adoption is finalized, a new birth certificate is issued listing the adoptive parents as the legal parents. The original is sealed and becomes confidential.
SOUTH DAKOTA LAW: § 34-25-16.1
What rights do adoptive parents have after adoption?
Once the adoption is finalized, adoptive parents receive full legal rights and responsibilities, just like biological parents. This includes authority over healthcare, education, and legal decisions, as well as inheritance rights.
Are open adoptions legally binding in South Dakota?
No. While open adoption arrangements are permitted, they are not legally enforceable in South Dakota unless included in the final adoption decree. Most agreements are informal and based on mutual trust.
(No enforceability statute; agreements are voluntary)
Does ICWA apply to private adoptions in South Dakota?
Yes. If the child is Native American, the Indian Child Welfare Act (ICWA) applies to all adoptions — private or public. This law requires notification of the tribe and prioritizes placement within the tribal community or with family members.
Federal ICWA – 25 U.S.C. §§ 1901–1963
What support is available after adoption?
Support options for adoptive families may include:
- Post-placement counseling through your agency
- Access to non-identifying medical history
- Subsidies or Medicaid for children with special needs
Availability depends on your provider and whether the child was adopted from foster care or privately.
For Adoptees
If you were adopted through our agency, we can help you:
- Request access to your medical or social history
- Begin a search or reunion with your birth family
- Access post-adoption counseling
If you were adopted through another agency or you’re unsure how to start, check out this page to learn more about your options for accessing records or support.
What’s Next?
Whether you're a birth parent considering adoption or a hopeful adoptive family, understanding how adoption works in South Dakota empowers you to take your next steps with confidence.
Speak with a South Dakota adoption specialist today to get the personalized support you need — every step of the way.
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