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.
