Can a same-sex stepparent adopt in South Dakota?

Yes, a same-sex stepparent can ask a South Dakota Circuit Court to adopt their spouse's child. South Dakota's adoption law says "Any minor child may be adopted by any adult person" (SDCL 25-6-2), and the statute does not set a different path based on the adopter's sex or sexual orientation.

Where you file: Your petition goes to the Circuit Court in your county. South Dakota has 66 counties, and the clerk of courts in yours can tell you about local filing practices and the current filing fee.

What the stepparent process involves in South Dakota:

• Residency: There is no minimum residency period.
• Adopter age: The adopter must be at least 10 years older than the child, unless the court finds the adoption is in the child's best interest (SDCL 25-6-2).
• Child's consent: A child who is 12 or older must consent (SDCL § 25-6-5).
• Home study: It is waived for stepparent adoptions (SDCL § 25-6-10).
• Timeline: Stepparent adoptions generally take about 3-6 months.

The other legal parent: Whether the other parent consents, or has abandoned the child, is often the most important part of a stepparent adoption. South Dakota's abandonment provision uses a period of 6 months (SDCL § 25-6-4(2)). If the other parent will not consent, cannot be found, or the facts are disputed, the outcome depends on your situation. Please talk to the Circuit Court clerk or a South Dakota family law attorney about that specific issue.

Questions that depend on your family's facts:

• Marriage and second-parent adoption: If you and your partner are not married, or you are wondering about a second-parent adoption, confirm the rules with the Circuit Court clerk or an attorney before you file.
• Documents: Your family's situation may call for particular documents, such as birth certificates or prior court orders. The clerk can tell you what your county expects.
• Contested cases: If anyone is likely to object to the adoption, an attorney can advise you on that.

A few practical points:

• Both spouses should be on the same page about the adoption.
• Talk with your child, especially if they are 12 or older, since their consent is required at that age.
• Gather the child's birth certificate and your marriage information early so the paperwork goes smoothly.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child.