Section 25-6-9 – Period of residence in home required before petition granted.
25-6-9. Period of residence in home required before petition granted. No petition for adoption shall be granted until the child shall have lived within the proposed foster home for a period of at least six months. Source: SDC 1939, §14.0406; SL 1945, ch 47, §1; SL 1947, ch 54.
Section 25-6-9.1 – Home study report—Requirement–Cost.
25-6-9.1. Home study report––Requirement––Cost. A person may not place a child in a home for adoption until a home study has been completed by a licensed child placement agency, as defined in §26-6-14, the Department of Social Services, or a certified social worker eligible to engage in private independent practice, as defined in §36-26-17. Any […]
Section 25-6-9.2 – Effective date.
25-6-9.2. Effective date. The provisions of §§25-6-9.1 and 25-6-15 apply to any child placement made after July 1, 1986. Source: SL 1986, ch 214, §4.
Section 25-6-10 – Time of hearing on petition fixed–Investigation ordered by court.
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 […]
Section 25-6-11 – Notice to Department of Social Services–Recommendation of department–Appearance.
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 […]
Section 25-6-1 – Adoption of illegitimate child by acknowledgment and conduct of father–Legitimation from birth.
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 […]
Section 25-6-1.1 – Father of illegitimate child not entitled to notice unless acknowledged.
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 […]
Section 25-6-2 – Adoption of minor child permitted–Minimum difference in ages–Best interests of child.
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 […]
Section 25-6-3 – Consent of spouse required for adoption.
25-6-3. Consent of spouse required for adoption. A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent. Source: SDC […]
Section 25-6-4 – Consent of child’s parents required for adoption–Court waiver of consent.
25-6-4. Consent of child’s parents required for adoption–Court waiver of consent. No child may be adopted without the consent of the child’s parents. However, if it is in the best interest of the child, the court may waive consent from a parent or putative father who: (1)Has been convicted of any crime punishable by imprisonment […]