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South Dakota

Who Must Consent:
No child may be adopted without the consent of the child's parents.

Consent of Adoptee:
A child 12 years or older must consent to the adoption.

When Parental Consent is Not Needed:
If the parent:

• Is incarcerated for a critical period of time.
• Has abandoned the child.
• Is unfit by reason of habitual use of alcohol or drugs.
• Has been deprived of custody.
• Has neglected or failed to provide for the child.

When Relinquishment Can Be Signed:
No petition to terminate rights or consent to adoption may be filed until 5 days after the child's birth.

How Relinquishment Must Be Signed:
Consent must be in writing; followed by a court appearance to answer questions indicating their voluntary action and understanding of the consequences.

Time for Revocation:

• Except in any case involving fraud, any adoption proceeding shall be in all things legalized 2 years after finalization.
• Any claims must be initiated within those 2 years.

• Glossary of Terms
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents

Relinquishment Summaries by State: Index

Source: National Adoption Information Clearinghouse. Reprinted with permission.

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