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Adopting in South Dakota

Adoption in South Dakota

The incredible Crazy Horse Monument is located in South Dakota. It's a work-in-progress in the stone face of a mountain that honors Native Americans by sculptor, Korczak Ziolkowski. As for adoption, any adult may adopt according to South Dakota law. Of note, there is a six-month residency law until the court will permit an adoption petition. Good news, Adoption Families may provide for Birth Mom when it comes to any pregnancy-related expense as long as it's approved by the court. Fun fact: Custer State Park is home to free-roaming buffalo!

Home Study Providers in South Dakota

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Adoption Attorneys in South Dakota

4 Adoption Agencies in SD

1 AAAA Attorneys in SD

Academy of Adoption & Assisted Reproduction Attorneys

  • Attorney
    John R. Hughes
    101 N. Phillips Avenue, Suite 601
    Sioux Falls, SD 57104
    (605) 339-3939
    (605) 339-3940
    info@heart2heartadoptions.com
    Services Offered Contested Adoption, Domestic Adoption, Grandparent Representation, Intercountry Adoption, Interstate (ICPC) Adoption, Mediation, Private Networking
  • Agency
    A Baby Step Adoption
    340 Morgantown Road
    Suite 2
    Reading, PA 19611
    (610) 376-9742
    info@ababystepadoption.com
    Services Offered A Baby Step Adoption Agency is led by an AAAA Director with over 30 years of legal and adoption experience. Our agency specializes in full service, newborn baby adoption throughout the United States.
  • Attorney
    Adoptions First LLP
    1100 Glendon Ave
    Floor 15
    Los Angeles, CA 90024
    (800) 658-8284
    info@adoptionsfirst.com
    Services Offered Adoptions First has provided the most caring and professional adoption services for over 30 years. Since 1988 we have dedicated our services & experience to adoptive parents and birth parents. Adoption is not only our work. It is our passion, our personal stories, and our life’s calling.
  • Agency
    Adopt America
    111 N.E. 1st Street, Suite 902
    Miami, FL 33132
    (305) 984-2154
    info@adoptamerica411.com
    Services Offered Adopt America is a licensed child placement agency in the State of Florida. We provide home study services mainly to residents of S. Florida and some other locations throughout Florida. We offer placement services when we are working with a designated birthmother/birth parents but no waiting list.

Traveling For Your Adoption in South Dakota

Length of ICPC
in South Dakota

N/A days

Email: Stacy.Nemec@state.sd.us

South Dakota participates in the Interstate Compact on the Placement of Children (ICPC) – a statutory agreement between all 50 states, the District of Columbia and the US Virgin Islands. The agreement governs the placement of children from one state into another state. It sets forth the requirements that must be met before a child can be placed out of state. The Compact ensures prospective placements are safe and suitable before approval, and it ensures that the individual or entity placing the child remains legally and financially responsible for the child following placement.

Adoption Law FAQ in South Dakota

Advertising Law Info

Adoption Law Info

  • Who Can Adopt?
    Any adult as long as s/he is at least 10 years older than the adoptee or a married couple jointly unless legally separated from his/her spouse may adopt.
  • Can out-of-state residents finalize an adoption?
    In practice, no.
  • Can adopting parents use an adoption facilitator or another paid intermediary?
    Yes, but adopting parents may only use a licensed agency, and the court must approve charges for services.
  • What birth parent expenses may be paid, and in what time period?
    Any charges approved by court.
  • When does consent become irrevocable? If consent is revoked, is return to birth parent automatic?
    30 days after finalization. Return not automatic.
  • Qualifications for Adoptive Parents for adoption
    Citation: Admin. Code § 67:14:32:08
    The general qualifications for an adoptive applicant are as follows:
    • The applicant is at least age 21 and resides in South Dakota. Verification of age is required.
    • No member of the applicant’s household age 10 or older, other than a child placed in the home for foster care, has on record a substantiated report of child abuse or neglect.
    • No member of the applicant’s household has had a conviction for any of the crimes specified in § 67:14:32:05.05.
    • The applicant is capable of providing good care for children.
    • The applicant has income to meet the needs of the applicant’s existing family and to support, care, and educate an adopted child.
    • The applicant’s children, if any, are willing to accept an adopted child as a member of the family.
    • The applicant’s family composition, needs, and relationships may not adversely affect an adopted child.
    • The applicant has the ability to parent a child, including a basic understanding of the child’s physical and mental or emotional development and the ability to fulfill the child’s needs. An applicant must have the ability to offer continuing care and guidance to a child throughout the stages of the child’s development in a manner consistent with the social and cultural heritage norms of the child. The applicant must be able to continue meeting the needs of the applicant’s own children, if any. The applicant must display the capacity to provide good care for children.
    The department may require a psychological evaluation and the submission of medical records if questions arise during the application process regarding the applicant’s emotional stability or the emotional stability of another household member.

Home Study Info

  • Elements of a Home Study for Adoption
    Citation: Ann. Stat. § 25-6-9.1; Admin. Code §§ 67:14:32:05.03; :09; :11.01
    A home study shall include a fingerprint-based criminal record check completed by the Division of Criminal Investigation and a central registry screening completed by the Department of Social Services. In addition, no child who is in the custody of the Department of Social Services may be placed in a home for adoption until a fingerprint-based criminal record check has been completed by the FBI for each adopting parent.
    In regulation: The department shall screen an applicant and family and other household members who are at least age 10 to determine if the individual has been involved in any substantiated incidents of child abuse or neglect. The individual may not have a substantiated report of child abuse or neglect.
    A physical examination is required for each applicant. A physical examination completed within the 12 months preceding the application is acceptable. The applicant must present evidence to the department that each child living in the home is currently immunized against measles, mumps, and rubella (MMR); diphtheria, tetanus, and pertussis (DTP);
    Haemophilus Influenzae Type b (Hib); Hepatitis B (Hep B); and polio.
    An adoptive study includes an evaluation of the applicant based on references, personal interviews, screenings against the central registry for abuse or neglect, a criminal record check, information obtained from at least three character references, and home consultations.
  • Grounds for Withholding Approval for Adoption
    Citation: Admin. Code §§ 67:14:32:05.05; 67:14:32:10
    The department shall deny an application and shall notify the applicant of the denial if the criminal record check detects a conviction for any of the following:
    • A crime that would indicate harmful behavior toward children
    • A crime of violence
    • A sex crime
    • Within the preceding 5 years, a conviction for any other felony
    Within 120 days after application, the department shall notify the applicant in writing of the approval or denial. If the application is denied, the department shall inform the applicant of the reasons for the denial. If the applicant disagrees with the department’s determination, the applicant may appeal the department’s determination by requesting a fair hearing under the provisions of chapter 67:17:02.
  • When Home Studies Must Be Completed for Adoption
    Citation: Ann. Stat. § 25-6-9.1; Admin. Code § 67:14:32:11.01
    No person may place a child in a home for adoption until a home study has been completed.
    In regulation: An adoptive study must be updated on an annual basis.
  • Postplacement Study Requirements for Adoption
    Citation: Ann. Stat. § 25-6-11; Admin. Code §§ 67:14:11:01 through 67:14:11:03
    For a child in the custody of the department, the petitioner shall notify the department when the adoption petition has been filed with the court. The department shall make a recommendation as to the desirability of the adoption.
    In regulation: Upon receipt of a copy of the adoption petition, the department shall conduct an investigation as to the desirability for the adoption. The investigation shall include:
    • Personal interviews with the petitioners, the child who is older than age 6, the natural parents, or the legal guardian if parental rights have been terminated
    • Inspection of information from case records of the department
    • Inspection of information obtained from medical, financial, or other references
    • Inspection of information provided by other social agencies
    Following the investigation, the department shall submit its recommendations to the judge of the court in which the adoption petition was filed. The recommendation shall be in writing and shall be signed by the secretary of the department or a designee.

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