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 participating in the child's care. Once acknowledged, the child is considered the father's from birth, and other adoption laws do not apply. Additionally, the bill stipulates that if the mother is not married to the father at the time of conception or birth, the father has no rights to notice in adoption or termination of parental rights proceedings unless he is identified by the mother or takes specific actions to assert paternity within fifteen days of the child's birth.

The bill also emphasizes the father's responsibility to assert his rights and interests in the child, stating that a man who has sexual intercourse with an unmarried woman is on notice that a child may result. The mother retains the right to withhold the father's identity in legal proceedings, and inquiries into her sexual history are prohibited. Furthermore, the mother's failure to inform the father of her pregnancy does not excuse the father's failure to assert paternity in a timely manner.

Statutes affected:
Introduced, 01/30/2025: 25-6-1, 25-6-1.1
Enrolled, 03/10/2025: 25-6-1, 25-6-1.1