ENTITLED An Act to revise provisions related to parental support for expenses related to pregnancy and childbirth.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 25-8-3 be AMENDED:
25-8-3. The father and mother of a child born out of wedlock are jointly and severally liable to pay the reasonable expenses related to the mother's:
(1) Pregnancy or prenatal care for the child;
(2) Labor and delivery of the child; and
(3) Postpartum recovery and any medical complications arising from pregnancy with the child.
Section 2. That 25-8-7 be AMENDED:
25-8-7. An action to determine paternity or proceedings to compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to 25-8-3, are civil actions governed by the Rules of Civil Procedure. They are not exclusive of other proceedings that may be available on principles of law or equity.
Upon determining paternity of a child, the court shall give judgment declaring the paternity of the father to the child. The court may award a money judgment to the appropriate party for the recovery of any of the following reasonable expenses:
(1) Those provided in 25-8-3;
(2) For the education, support, or funeral expenses for the child; or
(3) For any other expenses with respect to the child as the court deems reasonable.
The court shall enter an order for the support and custody of the child. The court may require the person ordered to pay support to give reasonable security for providing the support. The court may modify or vacate any order issued pursuant to this section at any time.
Section 3. That 25-8-12 be AMENDED:
25-8-12. The proceeding to determine paternity or compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to 25-8-3, may be instituted during the pregnancy of the mother or after the birth of the child. Except with the consent of the person alleged to be the father, the trial may not be had until after the birth of the child.
Section 4. That 25-8-62 be AMENDED:
25-8-62. In any action to establish paternity, or a proceeding to compel support, including a proceeding to compel payment of reasonable expenses pursuant to 25-8-3, medical bills related to a mother's pregnancy and prenatal care, labor and delivery, postpartum recovery, and medical complications arising from pregnancy, and genetic testing bills, are admissible as evidence without foundation testimony, and shall constitute prima facie evidence of the amounts incurred.
Section 5. That 25-7-6.25 be AMENDED:
25-7-6.25. The department shall create and distribute a standardized form to allow a parent, guardian, or other custodian to request reimbursement of any medical or health care costs from the responsible parent.
A parent, guardian, or custodian may use the small claims procedure of chapter 15-39 as a means to collect unreimbursed medical or health care costs from the responsible parent.
If paternity has been determined pursuant to chapter 25-8, a mother may use the small claims procedure of chapter 15-39 as a means to collect reasonable expenses as provided in 25-8-3.
An Act to revise provisions related to parental support for expenses related to pregnancy and childbirth.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2023 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2023
ss. Office of the Secretary of State
Filed ____________, 2023 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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