Can I adopt my stepchild if the biological parent's rights were already terminated in South Dakota?

Yes, and this makes the process even simpler. If the biological parent's rights were already terminated by a prior court order (from a previous case — such as dependency, abuse/neglect, or a prior adoption attempt), you do not need to go through the consent or abandonment process again.

What's different:

• No consent form needed
• No service of process on the biological parent
• No abandonment affidavit
• The biological parent has no standing to contest

What you DO need:

• A certified copy of the termination order from the prior court case
• The standard Petition for Adoption filed in Circuit Court
• Background check for you (the adopting stepparent)
• Child consent if age 12+ (SDCL § 25-6-4)
• Home study waived for stepparents in South Dakota

Timeline: Often faster than the typical 3-6 months because there is no waiting for service or response

Cost: Same $349 document preparation fee

Indicate the prior termination on the questionnaire and include the court case number if you have it. We prepare everything accordingly.

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