What are South Dakota's adoption laws?

South Dakota adoption, including stepparent adoption, is governed by South Dakota Codified Laws Chapter 25-6, and your case is filed in the Circuit Court in your county. Here is how the main points work.

Where you file: South Dakota has 66 counties, and adoption petitions go to the Circuit Court. Local filing details, including the filing fee, can differ, so the Circuit Court clerk in your county can confirm the current fee and any local requirements.

Residency: South Dakota sets no minimum residency period for a stepparent adoption.

Who can be adopted and by whom: "Any minor child may be adopted by any adult person" (SDCL 25-6-2). The adopter must be at least 10 years older than the child, unless the court finds that adoption by that adult is in the child's best interest (SDCL 25-6-2).

Child's consent: A child who is 12 or older has a role in giving consent (SDCL § 25-6-5). If your child is close to that age, plan for it early.

Abandonment: The abandonment period is 6 months (SDCL § 25-6-4(2)). If your case involves a parent who has been absent, whether that period applies depends on your specific facts. For that question, talk to the clerk or an attorney.

Termination of rights: South Dakota does not treat termination as a separate proceeding for these cases. If the other biological parent's consent is not available, or the situation is contested or the parent cannot be found, the right next step depends on your facts. An attorney can advise you on that.

Home study: For stepparent adoptions, the home study is waived (SDCL § 25-6-10).

Timeline: A stepparent adoption of a minor typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.

Adult adoption: An adult may adopt another adult (SDCL 25-6-18). The adoptee must have lived in the adopter's home for at least 6 months while under age 21, and this must appear in the petition. That requirement is waived if the adoptee is the adopter's biological child. The petition must include a written agreement that the adoptee will be treated in all respects as the petitioner's natural child. The adoptee gives written consent. A married adopter should ask the clerk or an attorney whether spouse consent applies, since SDCL 25-6-3 addresses a spouse's consent for adopting a "child" and does not say whether it covers adults. The judge enters the order "upon showing of good cause" if the documents are in proper form and show the proper facts (SDCL 25-6-19).

Vital records: South Dakota Vital Records is the state agency that keeps birth records. The clerk can tell you how to handle records after your adoption is final.

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 cost is $349 for the first child (or for one adult adoptee) and $99 for each additional child. Your court-ready documents are delivered within 24-48 hours after you finish the questions, and they are backed by our 100% court acceptance guarantee. We have helped 187 South Dakota families, and more than 34,000 families nationally since 2001.