Can I adopt my stepchild if I work out of state but live in South Dakota?

Yes. Working out of state does not affect your eligibility for stepparent adoption in South Dakota. What matters is where you live — your primary residence — not where you work.

Residency requirement:

• South Dakota requires 6 months of residency (SDCL § 25-6-2)
• Residency is based on your home address — where you sleep, where your family lives
• Commuting across state lines for work does not change your residency
• Even extensive travel for work does not affect residency if your home is in South Dakota

What the court looks at:

• Where is your primary home?
• Where does the child live?
• Where do you file taxes as a resident?
• Where is your driver's license issued?

Remote workers and frequent travelers:

• If you work remotely from your South Dakota home, residency is clear
• If you travel for work but maintain your home in South Dakota, residency is clear
• If you live in another state and commute TO South Dakota for work, you are NOT a South Dakota resident

The adoption is filed where the child lives. If you and the child live in South Dakota, file in South Dakota Circuit Court.

Cost: $349 | Timeline: 3-6 months

Start at stepparentadoption360.com/questionnaire or call (855) 924-0450.