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 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.
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.
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
Program Manager: Patricia Reiss700 Governors Drive
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 The Current Initiative 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.