In South Dakota, what are the requirements that must be met before completing an adoption?

Under South Dakota law, there are several requirements that must be met before a court can approve an adoption. These requirements include:

(1) a home study report prepared by a licensed child placement agency, the Department of Social Services, or a certified independent social worker;

(2) you must be a resident of South Dakota;

(3) the child must reside with you at least six months prior to the adoption;

(4) you must pass a child abuse registry check;

(5) your criminal history, if any, will be reviewed;

(6) any child support obligations that you may have will be reviewed to determine if there are outstanding amounts due;

(7) you must be at least ten years older than the minor child you wish to adopt;

(8) a child over the age of twelve years must consent to the adoption; and

(9) a married person cannot adopt a child without the consent of their spouse. 

Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones