This bill amends existing South Dakota law regarding the rights and obligations of fathers of children born to unmarried mothers. It clarifies that a father can become an acknowledged father by openly holding the child as his own, contributing financially to the child's support, or providing daily care and supervision. Once a father adopts the child through these means, the child is considered his from birth, and other adoption laws do not apply.
Additionally, the bill stipulates that if the biological mother is not married to the father at the time of conception or birth, the father has no rights to notice or service of process in adoption or termination of parental rights proceedings unless he is identified by the mother or asserts paternity within fifteen days of the child's birth. The bill emphasizes the father's responsibility to protect his rights and interests in the child while allowing the mother the discretion to not disclose the father's identity in legal proceedings. It also prohibits inquiries into the mother's sexual history during such proceedings.
Statutes affected: Introduced, 01/30/2025: 25-6-1, 25-6-1.1
Enrolled, 03/10/2025: 25-6-1, 25-6-1.1