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South Dakota Adoption Laws

Laws Impacting Couples Hoping to Adopt in South Dakota

When you are hoping to become an adoptive parent in South Dakota, becoming familiar with the adoption laws in your state is an important first step. Depending on what type of adoption you choose to pursue —  international, domestic, or foster care adoption — there are some laws that you will need to be more familiar with than others.

If you have any questions about adoption in South Dakota with our agency, please call 1-800-ADOPTION to receive free information.

In the meantime, you can find a general overview of adoption laws in South Dakota below. Please note that the contents of this article do not serve as legal advice. If you have any questions about which laws pertain to your adoption, contact an adoption attorney for any legal concerns that you have about your adoption.

Who Can Adopt in South Dakota?

In South Dakota, there is no minimum age that an individual must be to adopt a child. Any adult that is at least ten years older than the adopted child may adopt. If you are married, you may not adopt without your spouse's consent, unless you are legally separated.

Single individuals may also petition to adopt. There are no specific adoption laws in South Dakota restricting a couple’s ability to adopt based on marital status or sexual orientation.

Prospective parents will also need to meet the requirements of the agency they are working with, as well the requirements for the type of adoption they are pursuing — such as international, domestic, or foster care.

There are, however, requirements to become a foster parent. You must:

Foster parents are also able to receive an adoption subsidy. The amount that you receive is dependent on:

  • If you currently have a foster child in your care that is eight years or older

  • Whether the child is a member of a sibling group and they are being placed together

  • Whether the foster child is part of a minority race or religion

  • If the foster child is in need of long-term medical care

  • If it is deemed that staying with the foster parents is better for the child by the court.

All adoptive families will be required to complete an adoption home study before adopting a child. This process ensures that you are ready to bring a child into your home.  

South Dakota Advertising and Facilitator Laws

There are no specific adoption laws in South Dakota for advertising in an adoption. However, only adoption agencies or a court-approved entity may facilitate an adoption in South Dakota.

South Dakota Adoption Laws Regarding the Prospective Birth Father

In South Dakota an alleged father may sign an affidavit of paternity. The affidavit will let the prospective birth father receive information regarding:

  • His parental rights and responsibilities

  • The child’s right to child support once he has established paternity

  • Information on any adoption-related court proceedings.

In some cases, the court may determine paternity over a child.

Prospective Birth Parent Rights in South Dakota

Prospective birth parents must legally consent to the adoption and terminate their rights before an adoption can take place. According to South Dakota adoption laws, prospective birth parents may not consent to the adoption until at least five days after the child is born. After that, consent may be given in writing.

When Will Consent Become Irrevocable?

An adoption is legally completed one year after the adoption. If the birth parents wish to revoke their consent, they must attempt do so within this one-year time frame.

What Kind of Prospective Birth Parent Expenses Can be Paid for in South Dakota?

All pregnancy- and adoption-related expenses must be approved by the South Dakota Court. The financial assistance received is determined on a case-by-case basis and will be based on necessary expenses. The expenses that can be paid for may include but are not limited to:

To learn more about the financial assistance for pregnancy- and adoption-related expenses, please call 1-800-ADOPTION to speak with an adoption specialist.

How Will I Receive a U.S. Birth Certificate for an International Adoption?

As long as the South Dakota court issued the final decree of adoption, the Department of Health will issue a new birth certificate. The adoptive family will also need to provide:

  • Proof of the child’s birth date and place of birth

  • Receipt of the adoption order with a translation

  • Proof of the child’s IR-3 visa status

  • Proof that the adoptive parents are South Dakota residents

The state laws outlined above are used to give readers a general overview of the adoption laws in South Dakota. For more information about the process of South Dakota adoption with our agency, please call 1-800-ADOPTION.

Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.

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