25-8-12. Time of institution of proceeding–Trial deferred until birth. The proceeding to determine paternity may be instituted during the pregnancy of the mother or after the birth of the child. Except with the consent of the person alleged to be the father, the trial may not be had until after the birth of the child. […]
25-8-3. Father and mother’s liability for confinement expense. The father and mother of a child born out of wedlock are jointly and severally liable to pay the expenses of the mother’s pregnancy and confinement. Source: SDC 1939 & Supp 1960, §37.2101; SL 1984, ch 190, §3; SL 1997, ch 155, §31.
25-8-46. Terminology used in records of children born out of wedlock. In all records, certificates, or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of […]
25-8-49. Admission of paternity as prima facie evidence. An admission by an alleged father of paternity of a child born out of wedlock, other than completion of an affidavit of paternity which creates a presumption of paternity as specified within this chapter, is prima facie evidence of paternity. Source: SL 1984, ch 190, §48; SL […]
25-8-5. Custodian’s recovery of support from noncustodian–Period support recoverable. The custodian may recover support for a period of three years before the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of a written demand served personally or by registered or certified mail, […]
25-8-50. Voluntary hospital-based paternity establishment program. Upon the birth of a child to an unmarried woman, and prior to discharge, any hospital, physician, health care provider, midwife, or nurse who assists in the birth of the child shall: (1)Provide an opportunity for the child’s mother and alleged father to sign under oath an affidavit of […]
25-8-51. Forwarding of affidavit of paternity to Department of Social Services. Notwithstanding §34-25-16.4, upon request from the Department of Social Services, the Department of Health shall forward to the Department of Social Services a copy of any affidavit of paternity on file with the Department of Health. Source: SL 1994, ch 204, §2.
25-8-52. Rebuttable presumption of paternity–Signed and notarized affidavit. A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence of paternity, and allows the Department of Social Services to proceed to establish a support obligation in accordance with the provisions of §§25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings […]
25-8-53. Reimbursement of reasonable costs for affidavit of paternity. The hospital, physician, health care provider, or nurse is entitled to reimbursement for all reasonable costs associated with obtaining the affidavit of paternity. The Department of Social Services shall establish by rules, promulgated pursuant to chapter 1-26, the amount of reasonable costs, which may not exceed […]
25-8-54. Use of forms and information prescribed by department. All hospitals, physicians, health care providers, certified nurse midwives, and nurses shall use all forms and written information as prescribed by the Department of Social Services. Source: SL 1994, ch 204, §5; SL 2017, ch 171, §50.
25-8-55. Default judgment establishing paternity. Any default judgment establishing paternity shall be obtained in accordance with the provisions of §15-6-55. Source: SL 1994, ch 204, §7.
25-8-56. Judgment of paternity–Full faith and credit. Any judgment of paternity, whether established through a voluntary acknowledgment process, or established by a court or administrative entity of this state, or any other state or jurisdiction, is entitled full faith and credit in this state. Source: SL 1994, ch 204, §8.
25-8-57. Rebuttable presumption of legitimacy. Any child born in wedlock, or born within ten months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void, or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can only be disputed by the husband […]
25-8-58. Genetic test results. Genetic test results establishing a threshold probability of paternity of ninety-nine percent or more shall create a rebuttable presumption of paternity and allow the Department of Social Services to establish a support obligation in accordance with the provisions of §§25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity. […]
25-8-59. Actions contesting rebuttable presumption of paternity. Any action contesting a rebuttable presumption of paternity as established by §§25-8-50 to 25-8-58, inclusive, shall be commenced in circuit court either sixty days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings relating to the child including proceedings to […]
25-8-60. Circumstances where name of father appears with birth record for out of wedlock birth. In any out of wedlock birth, the name of the father shall be included within the birth record of the child only if the father and mother have signed an affidavit of paternity, or a court or administrative tribunal of […]
25-8-61. Trial by jury prohibited in paternity action. In any action to establish paternity within this state, trial by jury is not allowed. Source: SL 1997, ch 155, §35.
25-8-62. Admissible medical billing evidence in paternity actions. In any action to establish paternity, medical bills related to childbirth, pregnancy, or confinement expenses, and genetic testing bills shall be admissible as evidence without foundation testimony, and shall constitute prima facie evidence of the amounts incurred. Source: SL 1997, ch 155, §36.
25-8-63. Filing affidavits or adjudications of paternity. Every affidavit or adjudication of paternity shall be filed with the Department of Health for comparison with information contained within the state case registry. Source: SL 1997, ch 155, §37.
25-8-64. Setting aside presumption or prior determination of paternity based on genetic test results–Factors in determining best interest of the child. The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either […]
