ENTITLED An Act to revise certain provisions related to the sealing of adoption records.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   25-6-15 be AMENDED:

25-6-15. The files and records of the court in an adoption proceeding are not open to inspection or copy except:

(1) By the parents by adoption and their attorneys, representatives of the Department of Social Services, and the child upon reaching age eighteen, upon written request and proper proof of identification; or

(2) Upon order of the court expressly permitting inspection or copy.

The court may not order disclosure of any matter appearing in adoption records unless the Department of Social Services or the licensed adoption agency has received notice of the petition for disclosure of such information and of the date fixed for hearing the petition. The Department of Social Services or the licensed adoption agency shall neither contest nor support the petition for disclosure during its hearing.

Section 2. That   34-25-16.4 be AMENDED:

34-25-16.4. When a new certificate of birth is established pursuant to    34-25-15 to 34-25-16.2, inclusive, the original certificate of birth together with the adoption information or other evidence upon which a new certificate is made must be sealed, filed, and may not be opened except by the secretary of health for purposes of properly administering the vital registration system, by the child or adoptee upon reaching age eighteen, or upon order of a court of competent jurisdiction.

An Act to revise certain provisions related to the sealing of adoption records.

Statutes affected:
Introduced, 02/01/2023: 25-6-15, 34-25-16.4
Enrolled, 03/03/2023: 25-6-15, 34-25-16.4