## Adoption process in South Dakota Adoption permanently transfers parental rights from the child's biological parent(s) to the adoptive parent(s). It involves multiple legal steps — and the rules are very specific. Mistakes can derail or unwind the adoption. ### South Dakota-specific rules - **Consent revocation window:** Generally irrevocable. - **Home study:** Required. ## Types of adoption **Domestic infant adoption.** Newborn placed by birth parents (often through an agency) with adoptive parents. The most common form for non-relatives. **Stepparent adoption.** Spouse adopts the partner's child from a prior relationship. Usually the simplest type — typically requires consent of the other biological parent (or termination of their parental rights). **Relative / kinship adoption.** Adoption by grandparent, aunt, uncle, or other relative — often after parents have been unable or unwilling to care for the child. Many states have streamlined rules for relative adoptions. **Foster-to-adopt.** Child is placed with adoptive parents through state foster care; finalization happens after parental rights are terminated by the state. **International adoption.** Child from another country; governed by the Hague Convention plus federal and state law. **Adult adoption.** Adopting an adult — usually for inheritance reasons or to formalize a long-standing parental relationship. ## The basic process 1. **Decide on the type** — agency, independent, foster-to-adopt, relative 2. **Home study** — licensed social worker evaluates the home, finances, references, criminal background, and motivations 3. **Match / placement** — child is identified or placed with the family 4. **Termination of biological-parent rights** — voluntary (consent) or involuntary (court order based on abuse, neglect, abandonment, or unfitness) 5. **Post-placement supervision** — typically 6 months of monitoring before finalization 6. **Finalization** — court hearing where the adoption is granted 7. **Amended birth certificate** — issued in the adoptive parents' names ## Consent — the most consequential decision Consent from the biological parent(s) (or termination of their rights) is required in nearly every case. Key points: - **Mom must wait a minimum period after birth** in most states before her consent is valid — typically 12-72 hours - **Birth-father consent** depends on his legal status (married presumed, putative-father registered, no contact) - **Witnesses / notarization** required - **Revocation window** — varies hugely by state (3 days to 6 months); MUST be respected - **Misrepresentation can void consent** — even years later in some cases Adoption attorneys sometimes call this "the most expensive paper in the case." ## Indian Child Welfare Act (ICWA) Federal **Indian Child Welfare Act (1978)** requires special procedures for adoptions involving children of Native American descent. ICWA gives tribes specific rights to be notified and to intervene in placement decisions. Failure to comply with ICWA can void the adoption. ## Costs - **Domestic infant agency adoption:** $30,000-$60,000 typical (covers agency, attorney, birth-mother expenses, home study, finalization) - **Independent adoption:** $15,000-$45,000 (similar but without agency fee) - **Stepparent adoption:** $1,500-$3,500 - **Foster-to-adopt:** often free or low-cost, sometimes with monthly subsidies for special-needs children - **International adoption:** $30,000-$50,000+ depending on country Federal **adoption tax credit** ($15,950 in 2024) helps offset these costs. ## What can go wrong - **Birth parent revokes consent** within the legal window - **Birth-father challenges** the adoption (especially when his consent wasn't properly obtained) - **Putative father registry issues** — unregistered fathers may surface later - **Failed home study** — adoptive parents disqualified - **Birth-mother dishonesty** about medical history, drug use, paternity - **Interstate Compact on the Placement of Children (ICPC) delays** — for placements crossing state lines - **Indian Child Welfare Act issues** — discovered after placement Most adoption disruptions happen in the first 6 months and are why post-placement supervision exists. ## Open vs closed adoption **Closed adoption** — no contact between birth parents and adoptive family; sealed records. **Open adoption** — agreed contact (letters, photos, visits) between birth parents and adoptive family. Some states enforce post-adoption contact agreements as legal contracts; others treat them as unenforceable. Most modern domestic infant adoptions are open or semi-open. ## Same-sex couple adoption Federal Obergefell (2015) and lower-court cases require equal treatment of same-sex couples in adoption. Most states no longer have explicit barriers. Two issues remain: - **Religious-exception adoption agencies** — some states permit faith-based agencies to decline same-sex couples - **Confirmatory adoption / second-parent adoption** — strongly recommended even for married same-sex couples to ensure portable parental rights across all 50 states ## What you should do Adoption is one of the most paperwork-heavy areas of law. Use a South Dakota adoption attorney from the very beginning — many specialize exclusively in this area. Most attorneys offer flat-fee adoption packages that include home-study coordination, ICPC paperwork, and finalization. State child-welfare agencies can also help with foster-to-adopt at low/no cost. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Adoption law has many edge cases (interstate placement, foreign-born children, putative-father issues, ICWA compliance) that change the analysis. Talk to a licensed South Dakota adoption attorney about your specific situation.*