Can I adopt my stepchild if I'm in a same-sex marriage in South Dakota?

Yes, you can ask the South Dakota Circuit Court to approve your adoption of your stepchild. The adoption statute says "Any minor child may be adopted by any adult person" (SDCL 25-6-2). If you want to know whether anything about your same-sex marriage changes how a judge or clerk handles your case, the Circuit Court clerk in your county or an attorney can confirm that for your situation.

What the South Dakota process looks like:

• Court: You file your petition in the Circuit Court. South Dakota has 66 counties, and your case is filed in your own county.
• Residency: South Dakota has no minimum residency period.
• Child's consent: A child who is 12 or older must consent (SDCL § 25-6-5).
• Home study: The home study is waived (SDCL § 25-6-10).
• Age gap: 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).
• Termination: Terminating the other parent's rights is not a separate proceeding in South Dakota.
• Timeline: A stepparent adoption typically takes 3-6 months.

Your spouse's role: SDCL 25-6-3 requires a married person to have their spouse's consent to adopt a child, unless the couple is lawfully separated or the spouse cannot consent. Since you are married to the child's parent, your spouse's consent is part of the picture. If your situation is unusual, ask the clerk or an attorney how this applies.

The other legal parent: South Dakota's abandonment period is 6 months (SDCL § 25-6-4(2)). Whether the other parent must consent, or whether the abandonment period applies to your family, depends on your facts. If the other parent is unknown, cannot be found, or may object, ask an attorney or the Circuit Court clerk about that specific issue before you file.

Things to confirm with the clerk:

• The filing fee in your county, since it is not a fixed figure we can give you here.
• Any local forms or filing steps your county's Circuit Court requires.
• How to update your child's birth record afterward. South Dakota Vital Records is the agency that handles birth records.

What stays the same for every family: The petition, the consents, and the court's review are what the law asks for.