We divorced and remarried — can my spouse adopt my child now in South Dakota?

Yes. You can start a stepparent adoption in South Dakota through the Circuit Court in your county now that you and your spouse are married. Your history of divorcing and remarrying is not something you need to hide or fix first. If you want to know how a past divorce is noted in your paperwork, the Circuit Court clerk in your county can confirm it.

What matters most: The adoption is built on your current marriage to your child's parent and on the child's situation today. Your family's history is secondary to those.

South Dakota basics for a stepparent adoption:

• Court: Your petition is filed in the Circuit Court. South Dakota has 66 counties, and you file in yours.
• Residency: South Dakota has no minimum residency period.
• Child's consent: A child who is 12 or older must consent (SDCL § 25-6-5).
• Home study: It is waived in stepparent adoptions (SDCL § 25-6-10), so you do not need to schedule one.
• Timeline: Stepparent adoptions typically take 3-6 months.

The child's other legal parent: This is usually the most important question in any stepparent adoption. South Dakota law refers to abandonment, with a period of 6 months (SDCL § 25-6-4(2)). Whether that applies depends entirely on your facts. If the other parent is involved, unknown, hard to find, or likely to object, ask the Circuit Court clerk or an attorney about your specific situation before you file. Termination of the other parent's rights is not a separate court case in South Dakota.

Things the clerk can confirm:

• The current court filing fees in your county
• Local filing procedures and any county-specific forms
• How to order updated records, such as a new birth certificate, from South Dakota Vital Records after the adoption is final

Planning your next steps:

• Gather the marriage certificate showing your current marriage.
• Gather your child's birth certificate.
• Make a note of where the other parent is and what contact they have had with your child, since this will shape how that part of the case is handled.
• If your child is 12 or older, talk with them about the adoption