South Dakota's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

South Dakota

Statute: § 26-8A-13

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Treatment Providers

• Public/Any Person

Persons without access to records

• Grand Juries

• Reporters of Abuse

• Researchers

• Employers

• Parents/Guardians

• Coroners

• Review Teams

• Subject of Reports

Other Public officials Adoptive parents Tribal agencies Public disclosure in child fatality or near fatality cases

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent is signed following the birth of the child with an attorney. At least one hour of counseling is required with a court-approved counselor.

Pre-consents are not allowed in the state of South Dakota.

Revocation Time Frame in South Dakota

The consent may be revoked any time before the birth mother appears in court, which usually occurs five days following the birth of the child.

Parties to an Adoption

South Dakota

• Any adult person, at least 10 years older than the adoptee

• A married person who has the consent of his or her spouse, unless legally separated

• Any minor child

• An adult, if he or she lived in the home of the adoptive parents during his or her minority for at least 6 months

• A parent

• A guardian

• A relative within the 2nd degree

• A licensed child welfare agency

• The Department of Social Services

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

No information currently available.

Adoption Expenses

South Dakota

Charges approved by the court

Birth Parent Expenses Not Allowed Not addressed in statutes reviewed

1. • Only a licensed agency or the Department of Social Services may place a child for adoption.
2. • It is unlawful to offer or receive payment in connection with placing a child or consenting to an adoptive placement.

1. • It is unlawful to offer or receive payment in connection with placing a child or consenting to an adoptive placement.
2. • It is unlawful to compel or force by any means a person to place, sell, or relinquish any minor child.

Charges approved by the court

The Adoption Code does not require an accounting, but judges may, at their discretion, ask for one.

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

International Expenses

No information currently available.

General Adoption Statutes

South Dakota

1. • Child placement agency
2. • Department of Social Services
3. • Certified social worker

Not addressed in statutes reviewed; generally, health, genetic, and social history

Not addressed in statutes reviewed; generally, health, genetic, and social history

Contents of Report About Adoptive Parents Statute: §§ 25-6.9-1; 25-4-15

Criminal record check

Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:

• Within 12 months of the child's placement in care; at least every 12 months thereafter
• Within 30 days after a finding that reasonable efforts to reunify are not required

• All parties
• The foster parents
• Any preadoptive parent or relative providing care for the child

• The appropriateness of the service plan
• What services have been offered
• Any further efforts that will promote the best interests of the child

• Return to the parent
• Adoption
• Legal guardianship
• Placement with a fit and willing relative
• Another planned permanent living arrangement

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.