Section 25-6-16 – Change of name by adopted child–Relationship with adoptive parent.
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: […]
Section 25-6-17 – Rights and duties of natural parents terminated on adoption–Exceptions.
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 […]
Section 25-6-18 – Petition for adoption of adult–Consent–Residence requirement.
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 […]
Section 25-6-19 – Order for adoption of adult.
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 […]
Section 25-6-20 – Jurisdictional provisions applicable to adoption of adults–Effect of adoption–New birth certificate optional.
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 […]
Section 25-6-12 – Execution of consent and agreement by parties–Appearances at 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 […]
Section 25-6-5 – Consent of child over twelve required.
25-6-5. Consent of child over twelve required. The consent of the child, if over the age of twelve years, is necessary to its adoption. Source: SDC 1939, §14.0404.
Section 25-6-6 – Jurisdiction of circuit court–Appeal.
25-6-6. Jurisdiction of circuit court–Appeal. The circuit court is vested with the jurisdiction to hear, try, and determine all matters relative to the adoption of children, subject to the right of appeal in the same form and manner as appeals are taken from the circuit court. Source: SDC 1939, §14.0405; SL 1951, ch 42, §1.
Section 25-6-7 – Venue of adoption proceedings.
25-6-7. Venue of adoption proceedings. The circuit court for the county of the child’s legal residence or of the adopting parent’s legal residence according to where petition is first filed shall have the original jurisdiction. Source: SDC 1939, §14.0405; SL 1951, ch 42, §1.
Section 25-6-8 – Joinder of proceedings as to two or more children–Separate orders required.
25-6-8. Joinder of proceedings as to two or more children–Separate orders required. The adoption of two or more children by the same adopting parent or parents may be included in one proceeding, provided, that a separate order of adoption shall be made and filed by the court as to each child adopted. Source: SDC 1939, […]