The biological parent hasn't seen my child in over a year. Can I adopt in South Dakota?

Yes, it may well be possible. South Dakota's abandonment period is 6 months (SDCL § 25-6-4(2)), and a parent who hasn't seen your child in over a year has been absent longer than that. Whether a court finds abandonment in your situation depends on the facts of your case, so your history with the other parent matters.

What the abandonment period means for you. The 6-month period is the benchmark South Dakota sets. Your timeline is longer than that, which is a good starting point. The judge in the Circuit Court makes the final decision, and a parent who contests the adoption turns it into a fact-specific case. If the other parent disagrees, or you don't know where they are, talk to an attorney or the Circuit Court clerk in your county about that issue.

Other South Dakota details that may help:

• Court: Your petition is filed in the Circuit Court in your county. South Dakota has 66 counties, and the clerk can tell you about local filing procedures and the current filing fee.
• Residency: South Dakota has no minimum residency period for filing.
• Termination: Ending the other parent's rights is not a separate court case. It is handled within the adoption itself.
• Home study: It is waived in stepparent adoptions (SDCL § 25-6-10).
• Your child's consent: If your child is 12 or older, their consent is required (SDCL § 25-6-5).
• Timeline: Stepparent adoptions in South Dakota typically take 3-6 months.

What to gather now. Even without a legal checklist, it helps to put together what you know about the absence. Useful items include:

• the last date the parent saw your child
• any contact or lack of contact since then
• any messages, cards, or support
• the parent's last known address

A clear, honest record makes your paperwork stronger and gives an attorney or the clerk something concrete to work from if questions come up.

Questions to take to the clerk or an attorney. If the other parent is likely to object, if their whereabouts are unknown, or if there was recent contact you're unsure how to describe, get guidance specific to your situation. South Dakota law on those points should be confirmed with the Circuit Court clerk or an attorney rather than guessed at.

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. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we offer a 100% court acceptance guarantee. We have helped 187 South Dakota families, and 34,000+ families nationally since 2001.