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

If your case is in South Dakota, it is filed in the Circuit Court. Whether it belongs there when you live in another state is something to confirm with the Circuit Court clerk or an attorney before you file, because a biological parent's South Dakota address does not answer that question on its own.

Where the case is filed: South Dakota adoptions are handled by the Circuit Court, and the state has 66 counties. The clerk of the county you expect to file in can tell you whether your situation fits that court. An attorney can advise on how your own facts, including where you and the child live, affect the choice of state.

If your case does proceed in South Dakota, here is what the law sets out:

• Residency: South Dakota has no minimum residency period.
• Child's consent: A child who is 12 or older has a consent role under SDCL § 25-6-5.
• Abandonment: The abandonment period is 6 months under SDCL § 25-6-4(2). This matters if the other parent has not been involved in the child's life.
• Home study: The home study is waived under SDCL § 25-6-10.
• Timeline: A stepparent adoption typically takes 3-6 months.
• Governing law: The adoption statutes are in South Dakota Codified Laws Chapter 25-6.

Reaching a parent who lives in South Dakota while you live elsewhere: How the other parent receives notice, how a consent signed in South Dakota should be completed, and what to do if you do not know where the parent is all depend on the facts of your case. The Circuit Court clerk can explain the court's procedures. If the parent is unreachable or may contest the adoption, an attorney can advise you on that specific issue.

Filing fee: The data we work from does not list a South Dakota filing fee, so the clerk in your county can tell you the current amount and how it is paid.

Questions to ask the clerk:

• Does a case like mine, with the biological parent in South Dakota and me in another state, belong in this court?
• How must the biological parent be notified, and what form should their consent take?
• What is the filing fee, and which forms does the court expect?

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 South Dakota 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. 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.