What is an abandonment affidavit for adoption in South Dakota?

An abandonment affidavit is a sworn written statement, signed in front of a notary, that describes how long and in what ways a child's other biological parent has been absent from the child's life. In a South Dakota stepparent adoption, it is the document that lays out the facts behind a claim of abandonment for the Circuit Court to consider.

The South Dakota abandonment period: South Dakota lists an abandonment period of 6 months under SDCL § 25-6-4(2). Your affidavit should show clearly how the other parent's absence compares to that period, using dates rather than general statements.

What a strong affidavit usually covers:

• Last contact: the date and nature of the last time the other parent saw, called or wrote to the child.
• Length of absence: a timeline showing no visits, calls, cards or messages since then.
• Financial support: whether any support was provided, and when it stopped.
• Your efforts: any attempts you or your spouse made to keep the other parent involved, such as messages, invitations to visit or letters.
• Current whereabouts: what you know, or do not know, about where the parent is now.

Who signs it: Usually your spouse, the child's parent, signs because they have firsthand knowledge of the other parent's involvement. You can add your own statement about what you have personally seen. Because the affidavit is sworn, every detail should be accurate and specific. Vague or exaggerated statements weaken it.

How it fits into the case: You file in the Circuit Court in your county. South Dakota does not treat termination of parental rights as a separate proceeding in a stepparent adoption, so the facts about the other parent are presented as part of your adoption filing. Home studies are waived under SDCL § 25-6-10. South Dakota's stepparent timeline is generally 3-6 months, though how fast your case moves depends on your court and your circumstances.

When to get local help: Whether an affidavit alone is enough depends on your facts. If the other parent is likely to contest the adoption, if you cannot locate them, or if there has been some recent contact, ask the Circuit Court clerk in your county how the court handles it, or speak with an attorney about your specific situation. The clerk can also confirm local filing fees, formatting preferences and any additional forms your county asks for.

Consent from your child: If your child is 12 or older, South Dakota has a consent rule for the child under SDCL § 25-6-5. That is separate from the abandonment affidavit, but it is part of the same package of paperwork.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online about your family, including the other parent's absence, and we prepare the complete court document package for your county, including the affidavit drafted from your answers. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and they come with our 100% court acceptance guarantee. We have helped 187 South Dakota families, and more than 34,000 families nationally since 2001.