South Dakota

ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes; however, the Order must also be domesticated via local counsel. 

Certified Order should be provided to the hospital, who will in turn provide it to the South Dakota Vital Records Office.  Birth certificates will generally be available for pick-up at a local Vital Records office within 2-3 calendar days.

Due to the ease and cost, it is more efficient to use Of Counsel.

Birth Certificates

Timing - Varies by county, but the typical time frame is 5 business days.

Title - As of January 2016, same sex couples can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP. Removing the GC and adding a second parent could prove difficult without an adoption decree.

statutes / case law

Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  No.

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence

Do results vary by venue?  No.

Are motions to waive venue accepted?  Unknown.

Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations or electronic signatures and electronic notarizations are accepted.

Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  No.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state?  Yes.

Does the couple need to be married?  No.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  Yes.

Does the couple need to be married?  No.