How do I adopt an adult in South Dakota?

In South Dakota, an adult may adopt another adult by filing a petition in the Circuit Court in your county, under SDCL 25-6-18. The process is more streamlined than a child adoption, but the petition has to include specific facts.

Who can be adopted. SDCL 25-6-18 says the adoptee must have lived in the adopter's 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 the adopter's biological child.

The written agreement. The petition must include a written agreement that the adoptee will be treated in all respects as the petitioner's natural child.

Consents.

• The adoptee must give written consent.
• Biological parents' consent is not listed in SDCL 25-6-18. If a parent's involvement is an issue in your situation, ask the Circuit Court clerk or an attorney.
• 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 a married adopter should confirm the point with the clerk or an attorney.

Residency. SDCL 25-6-18 states no residency period for the adopter. The only time requirement is the 6 months the adoptee lived in the adopter's home while under 21.

Home study. The home study requirement in SDCL 25-6-9.1 applies to placing a "child" in a home for adoption. It is not addressed for adults.

Hearing and the judge's order. 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. Because the judge looks closely at the paperwork, it needs to be accurate and complete.

Age difference. For minors, SDCL 25-6-2 sets an age gap between adopter and child. SDCL 25-6-18 does not state an age gap for adults. If your situation raises a question about ages, the clerk can confirm how the court handles it.

Timeline and fees. Adult adoptions in South Dakota typically move in about 4-8 weeks. The filing fee is set by the court, so the Circuit Court clerk in your county can tell you the current amount and how they accept filings. South Dakota has 66 counties, including those around Sioux Falls, Rapid City, Aberdeen, Brookings and Watertown, and each clerk's office can answer local filing questions.

After the adoption. If you want to update records, such as a birth certificate, South Dakota Vital Records is the agency to ask about its current process.

When to get legal help. If anyone is likely to object, if you can't tell whether a consent is needed, or if your situation doesn't fit the facts above, talk with the clerk or a South Dakota attorney about that specific issue.

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. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. The price is $349 for one adult adoptee. We have helped 187 South Dakota families and more than 34,000 families nationally since 2001.