Establishing Paternity in South Dakota

At the birth of a child to an unmarried mother, the hospital or birth attendant must offer the mother and alleged father the chance to sign a sworn affidavit of paternity; the signed, notarized original is forwarded to the Department of Health within seven days. A signed and notarized affidavit creates a rebuttable presumption of paternity and lets the Department of Social Services set child support without further proceedings. An action contesting the presumption must be brought in circuit court within the earlier of 60 days after it was created or the date of an administrative or court proceeding about the child; for fraud, duress or material mistake of fact, the deadline is three years. Paternity can also be decided in a civil action, and the court must order genetic testing of the mother, child and alleged father for good cause on a motion.