South Dakota § 25-8-64 Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.

South Dakota Statutes

§ 25-8-64 — Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.

South Dakota § 25-8-64

Title 25DOMESTIC RELATIONS

Ch. 25-7APATERNITY PROCEEDINGS

This text of South Dakota § 25-8-64 (Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.) 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 § 25-8-64 (2026).

Text

The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either exclude the presumed or legally determined father as the biological father of the child or establish another person as the biological father of the child by the standards set in § 25-8-58 . The court may under such circumstances set aside a presumption or prior determination of paternity if it finds that setting aside a presumption or prior determination of paternity is in the best interest of the child. The court may consider any of the following factors in determining the best interests of the child:

(1)The length of time between the proceeding to adjudicate parentage and the time that the presu

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The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either exclude the presumed or legally determined father as the biological father of the child or establish another person as the biological father of the child by the standards set in § 25-8-58 . The court may under such circumstances set aside a presumption or prior determination of paternity if it finds that setting aside a presumption or prior determination of paternity is in the best interest of the child. The court may consider any of the following factors in determining the best interests of the child: (1) The length of time between the proceeding to adjudicate parentage and the time that the presumed or legally determined father was placed on notice that he might not be the genetic father; (2) The length of time during which the presumed or legally determined father has assumed the role of father of the child; (3) The facts surrounding the presumed or legally determined father's discovery of his possible nonpaternity; (4) The nature of the relationship between the child and the presumed or legally determined father; (5) The age of the child; (6) The harm or benefit that may result to the child if the presumed or legally determined paternity is successfully disproved; (7) The nature of the relationship between the child and any presumed or legally determined father; (8) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and (9) Any additional factors deemed by the court to be relevant to its determination of the best interest of the child.