South Dakota § 25-5A-33 Surrender of newborn--Custody action by non-surrendering parent.

South Dakota Statutes

§ 25-5A-33 — Surrender of newborn--Custody action by non-surrendering parent.

South Dakota § 25-5A-33

Title 25DOMESTIC RELATIONS

Ch. 25-4BVOLUNTARY TERMINATION OF PARENTAL RELATIONS

This text of South Dakota § 25-5A-33 (Surrender of newborn--Custody action by non-surrendering parent.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 25-5A-33 (2026).

Text

If one parent surrenders the newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27 , the non-surrendering parent may file an action for custody of the newborn. The non-surrendering parent shall file the action within thirty days after the provider or agency accepts physical custody of the newborn from the surrendering parent. In the action, the non-surrendering parent must prove by a preponderance of the evidence that:

(1)The non-surrendering parent is the parent of the newborn; and (2) The non-surrendering parent did not consent to the surrender of the newborn to the provider or agency.

Free access — add to your briefcase to read the full text and ask questions with AI

If one parent surrenders the newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27 , the non-surrendering parent may file an action for custody of the newborn. The non-surrendering parent shall file the action within thirty days after the provider or agency accepts physical custody of the newborn from the surrendering parent. In the action, the non-surrendering parent must prove by a preponderance of the evidence that: (1) The non-surrendering parent is the parent of the newborn; and (2) The non-surrendering parent did not consent to the surrender of the newborn to the provider or agency.