South Dakota Adoption Laws and Policies

You have many adoption options, and this is the perfect place to begin exploring them. Below, you’ll find South Dakota adoption laws and policies and find adoption agencies and attorneys who work with families in South Dakota.

south dakota adoption laws

Each state maintains its own adoption policies, so the process can vary considerably for families in different states. As a South Dakota resident, you’ll want to work with an adoption agency or adoption attorney who is very familiar with South Dakota adoption laws and policies. Below, you’ll find adoption agencies and adoption lawyers offering services to South Dakota families. Scroll past the listings to learn all about the legal guidelines for families adopting in South Dakota whether you’re adopting a newborn through domestic adoption, an infant or older child from U.S. foster care adoption, or a child through international adoption.


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.

Domestic Adoption Laws in South Dakota

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.

International Adoption Laws in South Dakota

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?

South Dakota Adoption Unit

Program Manager: Patricia Reiss

700 Governors Drive
Pierre, South Dakota 57501-2291
Phone: (605) 773-3227
Fax: (605) 773-6834
[email protected]


DISCLAIMER: The state laws and policies outlined above are offered to readers only for general information and do not constitute legal advice. Furthermore, the state laws were accurate at the time of compilation, but Adoptive Families cannot guarantee that there have been no subsequent changes or revisions to the laws. Please do not rely on the information above without first consulting an adoption attorney licensed in your state. Updated in November 2014.

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