SOUTH DAKOTA ADOPTION LAWS & STATUTES
Each state maintains its own adoption policies, so the process can vary considerably for families, from state to state. Learn all about the legal guidelines for families adopting in South Dakota, whether you’re adopting a newborn through domestic, private adoption, an infant or older child from U.S. foster care adoption, or an infant, toddler, or older child through international adoption. Find answers to the most common questions about South Dakota adoptions.
WHO CAN ADOPT IN SOUTH DAKOTA?
Any adult as long as s/he is at least 10 years older than the adoptee or a married couple jointly unless legally separated from his/her spouse may adopt.
Can LGBT families adopt? LGBT singles are permitted to adopt individually; however, state statutes do not address whether same-sex couples may jointly petition to adopt.
SOUTH DAKOTA DOMESTIC ADOPTION LAWS
Can adoptive parents advertise for birth parents? In practice, no.
Can out-of-state residents finalize an adoption? In practice, no.
Can adopting parents use an adoption facilitator or another paid intermediary? Yes, but adopting parents may only use a licensed agency, and the court must approve charges for services.
What birth parent expenses may be paid, and in what time period? Any charges approved by court.
Is there a putative father registry? No.
When can consent to adoption be granted? 5 days after birth.
When does consent become irrevocable? If consent is revoked, is return to birth parent automatic? 30 days after finalization. Return not automatic.
Are post-adoption contact agreements legally enforceable? No, unless the court deems it is in the best interest of the child.
SOUTH DAKOTA INTERNATIONAL ADOPTION LAWS
Is a foreign adoption decree automatically recognized by the state? Yes, as long as the adoption decree was issued under due process of law.
Can parents readopt in this state? Is it mandatory? Not addressed in state statutes.
When will a U.S. birth certificate be issued? The Dept. of Health will issue a birth certificate as long as a South Dakota court enters the adoption decree. The State will enter the adoption decree upon receipt of the adoption order plus a translation, proof of the child’s date and place of birth, proof of the child’s IR-3 Visa status, and proof that the adopting parent(s) is a South Dakota resident.
ADOPTION FROM FOSTER CARE IN SOUTH DAKOTA
Are adoption subsidies available? When do they start and how long do they last? Yes, subsidies are available for a special needs child, who is defined as having at least one of the following: 8 years or older, is of a minority race or religion, member of a sibling group being placed together, has a physical, emotional, neurological, or intellectual condition, in need of long-term medical care, if it is deemed that remaining with the foster parents is in the child’s best interest by the court. Subsidies start at adoption placement.
Where can I learn more about the process of adopting a child from foster care in South Dakota? http://dss.sd.gov/adoption
SOUTH DAKOTA ADOPTION UNIT
South Dakota Department of Social Services
Department of Child Protective Services
700 Governor’s Drive
Pierre, SD 57501