StepParent Adoption 360

My teenager doesn't want to be adopted — can I still adopt them in South Dakota?

South Dakota

If your teenager is 12 or older, their consent IS required in South Dakota (SDCL § 25-6-4). The court will not force an adoption on a child who does not consent.

Understanding why teenagers resist:

What families can do:

1. Have an open conversation — explain what adoption means and what it doesn't mean (it doesn't erase the biological parent from their life or memory)

2. Explain the practical benefits — inheritance, medical decisions, insurance, college (FAFSA)

3. Give them time — there is no deadline. The option remains available

4. Consider family counseling — a therapist can help navigate the emotional complexity

5. Wait for adulthood — adult adoption (18+) requires only their consent, no biological parent involvement, and is often easier emotionally

If your child is under 12: Their consent is not legally required in South Dakota, but we always recommend age-appropriate involvement.

Adult adoption timeline in South Dakota: 4-8 weeks | Cost: $349

Answered by Douglas Brown, Adoption Document Specialist — 25+ years experience, 34,000+ families served since 2001.

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