Can I adopt my stepchild if the bio parent only sends texts to my spouse but never contacts the child in South Dakota?

You may be able to, but it depends on the facts. South Dakota sets an abandonment period of 6 months under SDCL § 25-6-4(2), and a judge in the Circuit Court decides whether your situation fits. Whether a parent who texts only your spouse, and never contacts the child, meets that standard is a question to confirm with the Circuit Court clerk in your county or with an attorney.

What the law gives you to work with:

• The abandonment period is 6 months. That is the timeframe in SDCL § 25-6-4(2). How the court treats contact that goes only to an adult, rather than to the child, is a point to check with the clerk or an attorney.
• The court is the Circuit Court. Your petition is filed in the county where you live, and the clerk's office can tell you about local filing details and fees.
• There is no residency waiting period. South Dakota does not require you to live in the state for a minimum number of months before filing.
• A child who is 12 or older must consent. This comes from SDCL § 25-6-5. If your stepchild is that age, their consent is part of the process.
• The home study is waived. SDCL § 25-6-10 covers this, so you would not need to schedule one in this kind of adoption.

Why the texts matter: The question is what the bio parent's contact looks like over time. A judge will want to see the facts: what was sent, who it was sent to, and when the child last had any contact. If the only messages go to your spouse, a clear record helps. Useful things to gather include:

• The dates of the last visit, call or message that involved the child directly
• Any messages sent to your spouse, with dates
• Any gifts, support or cards, and whether they reached the child
• Whether anyone ever invited or encouraged the parent to contact the child

Keep the record factual and complete. Include anything that might cut against abandonment, because the court will want the whole picture.

Where an attorney or the clerk can help: If the bio parent disagrees, if the contact history is mixed, or if you are not sure whether the 6 months have passed, ask the clerk about procedure and consider speaking with a South Dakota attorney about your specific facts. We cannot tell you how a judge will rule on your case.

Timeline: For stepparent adoptions, the typical timeline is 3-6 months. Your own timeline will depend on your county and on whether the other parent responds or objects.

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. Court-ready documents are delivered within 24-48 hours after you finish the questions. We back every package with a 100% court acceptance guarantee, and we have helped 187 South Dakota families.