What if the biological parent lives in South Dakota but I live in another state?

You file where YOU and the child live — not where the biological parent lives. If you live in another state but the biological parent is in South Dakota, the adoption is filed in YOUR state, not South Dakota.

However, if you and the child live in South Dakota:

• You file in South Dakota Circuit Court
• The biological parent can be served anywhere — in South Dakota or in another state
• The adoption follows South Dakota law regardless of where the other parent lives
• 6 months residency required (SDCL § 25-6-2)

If the biological parent lives in South Dakota and you live elsewhere:

• You file in YOUR state's court
• The biological parent is served at their South Dakota address
• South Dakota's laws do not govern — your state's laws do
• Contact us and we'll prepare documents for your state

Cross-state service of process:

• A sheriff or process server in South Dakota can serve the biological parent
• If the parent is cooperative, they can sign consent and have it notarized in South Dakota
• If the parent's location in South Dakota is unknown, service by publication may be used

Cost: $349 regardless of which state | Call (855) 924-0450 to discuss your multi-state situation.