25-6-1. Adoption of illegitimate child by acknowledgment and conduct of father–Legitimation from birth. The father of an illegitimate child by publicly acknowledging it as his own, receiving it as such into his family, with the consent of his wife if he is married and otherwise treating it as if it were a legitimate child, thereby […]
25-6-1.1. Father of illegitimate child not entitled to notice unless acknowledged. Notwithstanding any other provision of law or court rule the father of an illegitimate child shall, as a requirement of due process, have no rights to the service of process in adoption, dependency, delinquency, or termination of parental rights proceedings unless he is known […]
25-6-10. Time of hearing on petition fixed–Investigation ordered by court. Whenever a person, or a husband and wife jointly, petition the circuit court for leave to adopt a minor child, the judge of the circuit court shall fix a time for hearing not less than ten days from the filing of such petition. The petition […]
25-6-11. Notice to Department of Social Services–Recommendation of department–Appearance. Upon the filing of a petition for the adoption of a minor child the petitioner therein shall notify the Department of Social Services, by mailing to the department a copy of the petition. The petitioner also shall notify the department of the date fixed for hearing […]
25-6-12. Execution of consent and agreement by parties–Appearances at hearing. Before the hearing on a petition for adoption, the person adopting a child, the child adopted, and the other persons whose consent is necessary, shall execute their consent in writing, and the person adopting shall execute an agreement to the effect that the child adopted […]
25-6-13. Examination of witnesses and investigations by court–Order of adoption–Contents. The circuit judge must examine all persons appearing separately and if satisfied from such examination and the report of the investigation that the child is suitable for adoption and the petitioning foster parent or parents financially able and morally fit to have the care and […]
25-6-15. Restrictions on access to court records in adoption proceedings–Court order required for disclosure of information–Notice of hearing to department or adoption agency–Disclosure not contested nor supported. The files and records of the court in adoption proceedings are not open to inspection or copy by persons other than the parents by adoption and their attorneys, […]
25-6-15.1. Confidentiality of records. All papers, records, and information pertaining to an adoption whether part of the permanent file in the Department of Social Services or in a child placement agency are confidential and may be disclosed only in accordance with §§25-6-15 to 25-6-15.3, inclusive. Source: SL 1985, ch 208, §1.
25-6-15.2. Nonidentifying information–Release to adoptive parent or adoptee. Nonidentifying information, if known, shall be made available to the adoptive parent, or to the adoptee upon reaching the age of eighteen, upon written request and proper proof of identification. This information or any part thereof may be withheld only if it is of such a nature […]
25-6-15.3. Registry of consents to release of identifying information. The Department of Social Services shall maintain a voluntary registry of those adoptees and natural parents who have presented a consent regarding the release of identifying information about themselves. Any consent shall indicate to whom the information may be released and whether the adoptee desires release […]
25-6-16. Change of name by adopted child–Relationship with adoptive parent. A child, when adopted, may take the family name of the person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child and have all the rights and be subject to all the duties of that relation. Source: […]
25-6-17. Rights and duties of natural parents terminated on adoption–Exceptions. The natural parents of an adopted child are from the time of the adoption, relieved of all parental duties towards, and of all responsibility for the child so adopted, and have no right over it. Adoption of a child shall be final and unconditional except […]
25-6-18. Petition for adoption of adult–Consent–Residence requirement. An adult may adopt another adult by filing a petition requesting the adoption with the judge of the circuit court, together with an agreement in writing that the person being adopted shall be treated in all respects as a natural child of the petitioner. Written consent of the […]
25-6-19. Order for adoption of adult. Upon showing of good cause to the judge and if the documents required by §25-6-18 are in proper form and show the proper facts, upon the filing of same the judge of the circuit court shall enter an order allowing the petition for adoption of an adult and declaring […]
25-6-2. Adoption of minor child permitted–Minimum difference in ages–Best interests of child. Any minor child may be adopted by any adult person. However, the person adopting the child shall be at least ten years older than the child adopted unless the court finds the adoption of the child by the adult person in the best […]
25-6-20. Jurisdictional provisions applicable to adoption of adults–Effect of adoption–New birth certificate optional. The provisions of §§25-6-6 to 25-6-8, inclusive, and of §§25-6-16 and 25-6-17 shall be applicable to adult adoption, but a new birth certificate shall be issued only if requested in the petition. Source: SDC 1939, §14.0406 as added by SL 1961, ch […]
25-6-21. Cure of past irregularities in proceedings–Limitation of actions. Except in any case involving fraud or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§1901 to 1963, inclusive), any proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things legalized, cured, and validated one year after […]
25-6-22. Medical information on adoptee’s birthparent available to adoptee or adoptee’s legal guardian–Written request–Proof. An adoptee or the adoptee’s legal guardian having knowledge of a hospital or clinic with medical information of an adoptee’s birth parent may provide a written request to the hospital or clinic for that information. The adoptee shall send a copy […]
25-6-23. Medical and social history form filed in adoption of abused or neglected child–Availability to adoptive parents and adoptee–Failure to comply. When a child is adjudicated to be abused or neglected and a court enters a decree terminating parental rights, the parent shall complete a medical and social history form which shall be supplied by […]
25-6-24.Due regard to be afforded Indian Child Welfare Act. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S. C. §§1901-1963), if that Act is applicable. Source: SL 2004, ch 2, §9, eff. Mar. 3, 2004; SL 2019, ch 127, §2.
