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 out the child as his own, contributing financially to the child's support, or participating in the child's care. Once a father adopts a 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 unmarried 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 assert his rights and states that the mother is not obligated to identify the father in such proceedings. It also prohibits inquiries into the mother's sexual history during these processes.
Statutes affected: Introduced, 01/30/2025: 25-6-1, 25-6-1.1
Enrolled, 03/10/2025: 25-6-1, 25-6-1.1