How old do you have to be to adopt in South Dakota?

You must be an adult (18 or older) to adopt in South Dakota, and when the child is a minor, you must be at least 10 years older than the child unless the court finds that your adoption is in the child's best interest. The statute says "any minor child may be adopted by any adult person" (SDCL 25-6-2).

Adopting a minor child (including a stepchild). Two age points matter:

• Your age: You must be an adult. The statute sets no other minimum age in the language we work from.
• The age gap: Under SDCL 25-6-2, you must be at least 10 years older than the child. The court can still approve the adoption if it finds that adoption by you is in the child's best interest.

If your age gap is close to 10 years, or you are unsure how the court would apply the rule to your family, ask the Circuit Court clerk in your county or an attorney. The outcome depends on your facts.

The child's age matters too. South Dakota sets the child's consent age at 12 (SDCL § 25-6-5). If your stepchild is 12 or older, plan for the child's own consent to be part of the process.

Is there a maximum age? The South Dakota law we work from does not give an upper age limit for adopters. For that question, the Circuit Court clerk in your county can confirm.

Adopting an adult. If the person you want to adopt is already an adult, South Dakota allows it: "an adult may adopt another adult" (SDCL 25-6-18). The main points are:

• The adoptee must have lived in your 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 your biological child.
• The petition must include a written agreement that the adoptee will be treated in all respects as your natural child.
• The adoptee must give written consent.
• SDCL 25-6-18 does not state an age gap for adult adoptions.
• If you are married, SDCL 25-6-3 requires your spouse's consent to adopt a child unless you are lawfully separated or your spouse cannot consent. The statute does not say whether this applies to adult adoptions, so ask the clerk or an attorney.

Where and how long. Adoptions in South Dakota are filed in the Circuit Court, and there are 66 counties. Stepparent adoptions of a minor typically take 3-6 months, and adult adoptions 4-8 weeks. Your county clerk can tell you the current filing fee.

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.