South Dakota
South DakotaWho 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.
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.
• 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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