One of my stepchildren's father consents but the other's doesn't — can I still adopt both in South Dakota?

You can ask the South Dakota Circuit Court to adopt both children, but the child whose father won't consent depends on the facts of that father's situation, so the two children may not follow the same path.

Here is how the pieces fit together.

The child whose father consents. His written consent is the key document for this child. You also have no waiting period to meet first, because South Dakota sets no residency requirement for filing.

The child whose father does not consent. A father's refusal does not automatically end the adoption, but it does not automatically clear the way either. South Dakota addresses abandonment at SDCL § 25-6-4(2), with an abandonment period of 6 months. Whether your stepchild's father meets that ground depends on his actual history with the child, and the court decides that. If he has been in contact, has contested the adoption, or you are unsure where he is, ask an attorney or the Circuit Court clerk in your county about that specific issue. In South Dakota, termination is not a separate case you file first.

Children who are 12 or older. Under SDCL § 25-6-5, a child who is 12 or older must give their own consent. If either of your stepchildren has reached that age, plan for it in your paperwork.

Home study. For a stepparent adoption, the home study is waived under SDCL § 25-6-10, so you should not need to schedule one for either child.

Timeline. Stepparent adoptions in South Dakota typically take 3-6 months. If one father contests, the schedule for that child may differ, and the Circuit Court clerk can tell you how a contested matter is handled in your county.

Filing together or separately. The data I have does not say whether South Dakota courts require or prefer one combined filing or separate filings for children with different fathers. The Circuit Court clerk in your county can confirm how they want it submitted, as well as the current filing fee.

Questions to settle before you file:

• Does each father's consent exist in writing, signed as the court requires?
• For the father who has not consented, how long has it been since he had contact or support, and does that fit the 6-month abandonment period?
• Is either child 12 or older?
• Do you know where the non-consenting father lives?

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. The price is $349 for the first child and $99 for each additional child. Your court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 187 South Dakota families, and more than 34,000 families nationally since 2001. If the non-consenting father's situation is disputed or unclear, an attorney can advise you on that part of your case.