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Welcome to the thirty-ninth post in our series Adopting In the 50 States. Today, we’re in South Dakota, which, despite having the word South in it, is not at all Southern. Remember, I am not a lawyer, nor do I play one on TV. Consult an attorney or other adoption professional with specific questions. If you have adopted in South Dakota and would like to share your experience with others, please leave a comment or email me at RobynC@adoptionblogs.com.
Who May Adopt In South Dakota?
Any adult person who is at least 10 years older than the adopted person may adopt.
When May Consent Be Signed?
Consent may be filed with the court 5 days after the child’s birth.
How Much Time Do the Birth Parents Have to Revoke Consent?
South Dakota law states that all adoptions must be finalized within two years. Adoptive Families states that the revocation period is 30 days, but return to the birth parents is not automatic.
Does South Dakota Have a Putative Father Registry?
Yes.
Does South Dakota Allow the Biological Father to Give Consent Before the Child is Born?
No.
Can Adoptive Parents Advertise to Find Expectant Parents?
No. South Dakota law does not address the use of advertisements.
Does South Dakota Allow the Use of Facilitators?
No.
How Long Before Adoption Can Be Finalized?
6 months.
Which Expectant Mother Expenses Can Be Paid by the Adoptive Parents?
Medical and living expenses may be paid if they are authorized by the court.
Can Out of State Residents Finalize in South Dakota?
No.
Does South Dakota Allow for Enforceable Open Adoption Agreements?
South Dakota law explicitly states that open adoption agreements are not binding and not enforceable.
Resources
- Adopting In South Dakota
- Child Adoption Laws, South Dakota
- Child Welfare Information Gateway, State Statutes
- Adamec, Christine. The Complete Idiot’s Guide to Adoption. New York: Alpha Books, a member of Penguin Group (USA) Inc., 2004.
- Adoptive Families Magazine 2008
Photo Credit: Perry-Castañeda Library Map Collection, University of Texas
