South Dakota § 25-6-1.1 Child born to unmarried mother--Father not entitled to notice unless child acknowledged--Mother’s rights--Defense limited.

South Dakota Statutes

§ 25-6-1.1 — Child born to unmarried mother--Father not entitled to notice unless child acknowledged--Mother’s rights--Defense limited.

South Dakota § 25-6-1.1

Title 25DOMESTIC RELATIONS

Ch. 25-4BADOPTION OF CHILDREN

This text of South Dakota § 25-6-1.1 (Child born to unmarried mother--Father not entitled to notice unless child acknowledged--Mother’s rights--Defense limited.) 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 § 25-6-1.1 (2026).

Text

Notwithstanding any other provision of law or court ruling, if the biological mother of a child is not married to the father at the time of conception or birth of the child, or at any time between conception and birth of the child, the father of the child, as a requirement of due process, has no rights to the service of process or notice in an adoption or termination of parental rights proceeding, unless the father is known and identified by the mother to the court, or unless the father, prior to the entry of a final order in the proceeding, acknowledges the child as the father's own by affirmatively asserting paternity, within fifteen days after the birth of the child, by:

(1)Becoming an acknowledged father as provided in § 25-6-1 ;

(2)Causing the father's name to be affixed to th

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Notwithstanding any other provision of law or court ruling, if the biological mother of a child is not married to the father at the time of conception or birth of the child, or at any time between conception and birth of the child, the father of the child, as a requirement of due process, has no rights to the service of process or notice in an adoption or termination of parental rights proceeding, unless the father is known and identified by the mother to the court, or unless the father, prior to the entry of a final order in the proceeding, acknowledges the child as the father's own by affirmatively asserting paternity, within fifteen days after the birth of the child, by: (1) Becoming an acknowledged father as provided in § 25-6-1 ; (2) Causing the father's name to be affixed to the birth certificate as provided by § 34-25-13.2 ; or (3) Commencing an action for paternity pursuant to chapter 25-8 . A man who has sexual intercourse with a woman to whom the man is not married is deemed to be on notice that a child may be conceived as a result and is entitled to notice of an adoption proceeding or voluntary termination of parental rights proceeding only as provided in this chapter. It is the duty of the father to affirmatively assert and protect the father's rights and interest in the child. The mother has the right to not identify the father or any other potential father of the child to the court or to any other person in an adoption or voluntary termination of parental rights proceeding. No inquiry may be made into the sexual history of the mother in an adoption or voluntary termination of parental rights proceeding. The mother's failure to inform the father of the mother's pregnancy is not a defense to the father's failure to timely assert paternity as provided in this chapter.