Can an elderly stepparent adopt in South Dakota?

Yes. South Dakota allows an adult to adopt another adult, and the adult adoption law (SDCL 25-6-18) does not list a maximum age for the person adopting. Whether an older stepparent can adopt depends on the type of adoption and the facts of your family, not on a birthday.

If your stepchild is an adult (18 or older):

• Who can adopt: "An adult may adopt another adult" (SDCL 25-6-18). The statute states no age gap between the two people.
• Time in the home: The adoptee must have lived in your home for at least 6 months while under age 21, and this must appear in the petition. That requirement is waived if the adoptee is your biological child. For an older stepparent, this is often the most important question to check.
• Written agreement: The petition must include a written agreement that the adoptee will be treated in all respects as your natural child.
• Consent: The adoptee gives written consent. Biological parents' consent is not listed in SDCL 25-6-18.
• If you are married: SDCL 25-6-3 requires a married person to have the spouse's consent to "adopt a child" unless lawfully separated or the spouse cannot consent. The statute does not say whether this applies to adult adoptions, so ask the Circuit Court clerk or an attorney.
• Home study: Not addressed for adults. The home study rule in SDCL 25-6-9.1 applies to placing a "child" in a home.
• Residency: SDCL 25-6-18 states no residency requirement for the adopter.
• Hearing: A hearing is not expressly required. Under SDCL 25-6-19, the judge enters an order "upon showing of good cause" if the documents are in proper form and show the proper facts.
• Timeline: Typically 4-8 weeks.

If your stepchild is a minor:

• South Dakota provides that "any minor child may be adopted by any adult person" (SDCL 25-6-2).
• 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). Any other age-related question is one the clerk or an attorney should answer for your situation.
• A child age 12 or older has a consent role under SDCL § 25-6-5.
• South Dakota has no minimum residency period.
• The home study is waived under SDCL § 25-6-10.
• The abandonment period is 6 months (SDCL § 25-6-4(2)). If a biological parent's consent is an issue, such as an absent or unknown parent, or a contested case,