Is there an age limit for adult adoption in South Dakota?

South Dakota's adult adoption law does not state an age gap between you and the adult you want to adopt. It says only that "an adult may adopt another adult" (SDCL 25-6-18). The rules that do involve age are below.

Age rules for adults

• Adoptee's age: You are adopting an adult, meaning someone 18 or older. Adopting a minor follows different rules.
• Age gap: For a minor child, the adopter must be at least 10 years older than the child unless the court finds the adoption is in the child's best interest (SDCL 25-6-2). SDCL 25-6-18 states no age gap for adult adoptions.
• Maximum age: The adult adoption statute does not spell out a maximum age for the adoptee. If you have a question about a particular age, the Circuit Court clerk in your county or an attorney can confirm it.

The "under age 21" requirement

The adoptee must have lived in your home for at least 6 months while under age 21, and this must appear in the petition (SDCL 25-6-18). The requirement is waived if the adoptee is your biological child. The petition must also include a written agreement that the adoptee will be treated in all respects as your natural child.

Consent

• The adoptee must give written consent.
• 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 ask the clerk or an attorney if you are married.
• Biological parents' consent is not listed in SDCL 25-6-18. If your situation involves a contested case or an unknown parent, get advice on that specific issue from an attorney.

Court, residency, home study, and timing

• Court: Adult adoptions are filed in Circuit Court.
• Residency: SDCL 25-6-18 states no residency requirement for the adopter. The only time requirement is the 6 months the adoptee lived in your home while under 21.
• Home study: The home study rule in SDCL 25-6-9.1 applies to placing a "child" in a home for adoption. It is not addressed for adult adoptions.
• Hearing: 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.
• Timeline: Adult adoptions typically take 4-8 weeks. The clerk can tell you the current court filing fee and how your county handles scheduling.

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