What if the other parent won't sign consent in South Dakota?

If the other parent won't sign consent in South Dakota, your adoption is not automatically stopped. South Dakota law includes an abandonment provision with a six-month period (SDCL § 25-6-4(2)), but whether it applies to your situation is for the Circuit Court to decide.

What the abandonment period means for you

The period in SDCL § 25-6-4(2) is six months. If the other parent has been absent for that long, abandonment may be something to raise in your petition. How the court weighs things like occasional contact, support payments, or the reasons for the absence depends on the facts. Your county's Circuit Court clerk or a South Dakota family law attorney can tell you how that applies to your case.

Does it need a separate court case?

South Dakota does not treat termination as a separate proceeding for this kind of adoption. The question of the other parent's rights is part of your adoption case in the Circuit Court rather than a second lawsuit you file first.

When the parent is involved but refuses

A parent who is still in the child's life and says no is a different situation from one who has disappeared. That kind of dispute can become contested, and the outcome depends on the specific facts. If that describes your family, talk with a South Dakota family law attorney about that issue before you file. The Circuit Court clerk can explain procedure but cannot give legal advice.

If the other parent can't be found

Where a parent cannot be located, the steps for notifying them are not something we can outline for you here. Ask the Circuit Court clerk in your county how the court handles that, or consult an attorney.

Other consents still matter

The other parent is not the only person whose consent may come up. If the child is 12 or older, the child's own consent is addressed in SDCL § 25-6-5. Make sure that is covered in your paperwork whatever happens with the other parent.

What may be simpler in your favor

• South Dakota waives the home study for stepparent adoptions under SDCL § 25-6-10.
• The typical stepparent adoption timeline is 3-6 months, though a contested case can take longer depending on the court and the facts.

What to do now

• Write down when the other parent last had contact or provided support, and how they have responded when asked to consent.
• Gather any messages, letters, or records that show this.
• Call your county's Circuit Court clerk to ask how they handle adoptions without the other parent's signature.
• Consider a short consultation with an attorney if the parent is actively objecting.

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, plus $99 for each additional child, and you receive court-ready documents within 24-48 hours after you finish the questions. We have helped 187 South Dakota families, and 34,000+ families nationally since 2001, and our service comes with a 100% court acceptance guarantee.