How do I know if I'm eligible for stepparent adoption in South Dakota?

You are likely eligible if you meet these basic requirements for South Dakota:

Checklist:

• [ ] You are legally married to the child's biological parent
• [ ] You have lived in South Dakota for 6+ months (SDCL § 25-6-2)
• [ ] You are at least 18 years old (the adopting parent)
• [ ] You can pass a background check (no convictions of crimes against children)
• [ ] The other biological parent either:

- Will sign consent, OR

- Has had no meaningful contact with the child for 12+ months (abandonment), OR

- Is deceased (with death certificate), OR

- Has already had parental rights terminated by a prior court order

You are still eligible even if:

• You have a minor criminal record (non-child-related)
• You are not a U.S. citizen (legal residency is sufficient)
• You recently married (no waiting period after marriage)
• The child was born in another country
• The biological parent lives in another state or country
• You are in a same-sex marriage

Quick eligibility check:

Call (855) 924-0450 and we can tell you in a few minutes whether you qualify. Or complete the questionnaire at stepparentadoption360.com/questionnaire — we review every submission and contact you if there are any eligibility concerns.

Cost: $349 | Court: Circuit Court | Timeline: 3-6 months