## How paternity is established in South Dakota Establishing paternity gives a child a legal father with all the rights and obligations that come with that — child support, custody, visitation, inheritance, Social Security and veterans' benefits, and access to the father's medical history. ### Three ways paternity gets established **1. Marriage presumption.** A child born during marriage (and in many states, within ~300 days after divorce or death) is legally presumed to be the husband's child. **2. Voluntary Acknowledgment of Paternity (VAP).** Both parents sign a state-approved form — often at the hospital after birth — formally acknowledging paternity. The form has the same effect as a court order once the rescission window closes. **3. Court order.** Either parent (or the state child-support agency, or in some cases the child) files a paternity action. The court orders genetic testing if needed and issues a paternity judgment. ### South Dakota specifics - **Time limit on paternity actions:** Until child turns 18. - **Rescission period for a signed VAP:** 60 days. ## What VAP signing means Signing a Voluntary Acknowledgment of Paternity is more consequential than most people realize: - **It's the equivalent of a court order** once the rescission window closes - **It creates child-support obligations** retroactive to the child's birth in many states - **It creates inheritance rights** for the child - **It can be VERY hard to unwind later** — most states require fraud, duress, or material mistake of fact - **DNA testing isn't required** to sign — many men sign without proof of biological paternity If there's any doubt, get a DNA test BEFORE signing. After 60 days, undoing the VAP usually requires litigation and a high evidentiary burden. ## DNA testing Modern paternity DNA tests are 99.9%+ accurate. Three tiers: - **Court-ordered DNA test** — through accredited lab; results admissible in court; usually $300-$500 split between parents (or covered by Title IV-D in child-support cases) - **Private accredited DNA test** — same labs as court-ordered, signed by both parents; usable in court if procedures followed - **At-home DNA tests** — informational only; not admissible in court without proper chain of custody ## Putative father registries Most states maintain a putative father registry — a list men can register with to receive notice of any adoption proceedings or termination of parental rights involving children they may have fathered. Failing to register before a key deadline can bar a man from objecting to an adoption later. If you think you may have fathered a child: - **Register IMMEDIATELY** — many states require registration within 30 days of birth - **Update if you move** — registries are state-specific - **Don't rely on the mother to give you notice** — she may not, especially if you have no contact ## When to push for paternity establishment (as the mother) Establishing paternity gives the child: - **Child support** — financial support from the father - **Health insurance access** — through the father if he has coverage - **Inheritance rights** - **Survivor benefits** — Social Security, veterans' benefits, life insurance - **Medical history** — important for genetic conditions - **Identity** — many children eventually want to know their biological parents ## When to push for paternity establishment (as the father) If you want a relationship with the child: - **You usually have NO custody/visitation rights without legal paternity** - **Mom can move with the child without consulting you** - **Mom can put the child up for adoption** (in some states) without your consent - **You can't enforce visitation** even if you've been involved Establishing paternity legally protects your role. ## When to challenge paternity If you suspect a child you're paying support for isn't biologically yours: - **The clock is short** — rescission windows are 60 days; afterward, you're typically locked in unless fraud/duress/material mistake - **DNA evidence alone may not be enough** — many courts apply equitable estoppel against challenging long-acknowledged paternity - **Voluntary acknowledgment is treated almost like adoption** — it creates a legal status the courts are reluctant to undo Talk to a family-law attorney IMMEDIATELY. Time is the enemy. ## Same-sex parents Most modern state paternity laws apply to same-sex couples through gender-neutral language or judicial gloss. Both parents in a same-sex couple should consider: - **Confirmatory adoption** — second-parent adoption establishes parental rights independent of marriage presumption - **Voluntary Acknowledgment of Parentage** — many states updated VAP forms to be gender-neutral - **Pre-birth orders** — some states issue parentage orders before birth in surrogacy or assisted-reproduction cases Pavan v. Smith (2017) requires states to treat same-sex parents on equal footing on birth certificates. ## What you should do Whether you're a father wanting to establish your rights, a mother seeking child support, or a man with doubts about a child you've been supporting — talk to a South Dakota family-law attorney. Most paternity issues are time-sensitive and the consequences (custody, support, inheritance, immigration) follow a child for life. Many South Dakota attorneys offer flat-fee paternity packages. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Paternity law has many edge cases (multiple-presumption conflicts, ART/surrogacy, unmarried-father registries) that change the analysis. Talk to a licensed South Dakota family-law attorney about your specific situation.*