Can I Adopt in South Dakota?
Parents must be at least 21 years old to adopt/foster a child. The first step is to contact your local CPS office. Informations packets are available upon request. A Family Service Representative will outline the next steps in order to become a licensed foster/adoptive parent.
What Adoption Regulations Exist in South Dakota?
Advertising: Any person/agency who offers money or anything of value in exchange for placement of a child for the purposes of adoption is guilty of a felony. § 25-6-4.2
Relinquishment: No consent can be legally given until 5 days after the child’s birth. Except in cases of fraud, all adoption are legally complete 1 year after the final adoption petition. § 25-5A-4; 25-6-21
Birth parent expenses: Only charges approved by the courts are permitted. § 25-6-4.2
Post-adoption contact agreements: Contact agreements in South Dakota are not legally enforceable.
Birth father rights: Unmarried fathers wishing to receive notice of adoption proceedings may with the birth mother shortly after the birth of the child sign an affidavit of paternity.
Finalization: The average time between TPR and adoption finalization in 2014 was 15.6 months.
Review South Dakota adoption laws in detail.
Is Adoption Assistance Available in South Dakota?
Many of the children waiting to be adopted in South Dakota have special needs. Federal (Title IV-E) and state (non-IV-E) programs exist to help adoptive parents meet their child’s needs. In South Dakota, the maximum monthly amount ranges between $520-620. For more information on adoption assistance please visit NACAC.org.
Can I adopt a Child from another country?
It is always possible to adopt a child from another country, even if you live in the United States. Children under 18 adopted from a Hague Convention country entering the U.S. with an IH-3 visa may automatically receive U.S. citizenship.
Children adopted from a non convention country must qualify as orphans before receiving U.S. citizenship. When U.S. citizens finalize an adoption abroad, they must apply to the USCIS for an IR-3 visa for the child. An IR-3 visa classifies the child as an immigrant and may provide the child with citizenship upon arrival in the States.
South Dakota gives full effect to foreign adoption decrees completed in compliance with US and international law. Parents wishing to receive a State birth certificate for their child must submit documentation of readoption or validation of a foreign adoption decree.
Adoptions in South Dakota can be completed through the Department of Social Services.
Parents must be 21 years old to adopt. After contacting your local CPS office, a Family Service Representative will outline the steps to becoming a licensed foster/adoptive parent.
Any person/agency who offers money or anything of value in exchange for placement of a child for the purposes of adoption is guilty of a felony.
Consent cannot be given until 5 days after the child’s birth. Parents have 1 year to revoke immediately following the final adoption decree. Contact agreements are not legally enforceable in South Dakota, and only those charges approved by the court made be paid on behalf of the birth parent. Unmarried fathers wishing to receive notice of adoption proceedings may file with the birth mother and affidavit of parentage.
The average time between TPR and adoption finalization in 2014 was 15.6 months.