Adopting a Child in South Dakota

Any adult may adopt a minor child, but must be at least 10 years older than the child unless the court finds the adoption is in the child's best interest; a married person needs the spouse's consent unless legally separated. Adoption cases are heard in circuit court, and the child's best interests are the paramount consideration. Both parents must consent, as must the child if over 12, but the court may waive a parent's consent in the child's best interest on grounds such as abandonment for six months or more before filing (by clear and convincing evidence), substantial and repeated neglect, willful failure to support when able, or a prison sentence that would deprive the child of the parent for a critical period. A home study with a fingerprint-based criminal check and central registry screening is required before a child is placed for adoption, the court orders an investigation and report, and the child must live in the home at least six months before the adoption is granted.

A stepparent files the same circuit court petition. The other parent's consent is required unless the court waives it on statutory grounds (such as six months of abandonment or willful failure to support). In a stepparent adoption, the court may (but is not required to) order a Department of Social Services or other investigation and report; in all other adoptions it must.