25-6-1.1 Father of illegitimate child not entitled to notice unless acknowledged.
25-6-2 Adoption of minor child permitted--Minimum difference in ages--Best interests of child. 25-6-4 Consent of child's parents required for adoption--Court waiver of consent. 25-6-8 Joinder of proceedings as to two or more children--Separate orders required.
The other provisions of law relating to adoption shall not apply in such cases. Notwithstanding any other provision of law or court rule the father of an illegitimate child shall, as a requirement of due process, have no rights to the service of process in adoption, dependency, delinquency, or termination of parental rights proceedings unless he is known and identified by the mother or unless he, prior to the entry of a final order, in any of the three proceedings, shall have acknowledged the child as his own by affirmatively asserting paternity, within sixty days after the birth of the child: (1) As outlined in § 25-6-1; or (2) By causing his name to be affixed to the birth certificate as provided by § 34-25-13.2; or (3) Otherwise by commencing a judicial proceeding claiming a parental right. Any minor child may be adopted by any adult person. A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent. No child may be adopted without the consent of the child's parents. The circuit court is vested with the jurisdiction to hear, try, and determine all matters relative to the adoption of children, subject to the right of appeal in the same form and manner as appeals are taken from the circuit court. No petition for adoption shall be granted until the child shall have lived within the proposed foster home for a period of at least six months.
However, the person adopting the child must be at least ten years older than the person adopted. However, if it is in the best interest of the child, the court may waive consent from a parent or putative father who: (1) Has been convicted of any crime punishable by imprisonment in the penitentiary for a period that, in the opinion of the court, will deprive the child of the parent's companionship for a critical period of time; (2) Has, by clear and convincing evidence, abandoned the child for six months or more immediately prior to the filing of the petition; (3) Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection; (4) Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care necessary for the child's health, morals, or welfare or has neglected to pay for such subsistence, education, or other care if legal custody of the child is lodged with others and such payment ordered by the court; (5) Is unfit by reason of habitual abuse of intoxicating liquor or narcotic drugs; (6) Has been judicially deprived of the custody of the child, if the adjudication is final on appeal to the court of last resort or the time for an appeal has expired; or (7) Does not appear personally or by counsel at the hearing to terminate parental rights after notice pursuant to §§ 25-5A-11 and 25-5A-12 which was received at least thirty days prior to the hearing. Source: SDC 1939, § 14.0406; SL 1945, ch 47, § 1; SL 1947, ch 54. Home study report by licensed child placement agency, Department of Social Services, or certified independent social worker required--Exception--Criminal record check and central registry screening to be included--Violation as misdemeanor.
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25-6-4.1 Compelling, coercing, or forcing adoption as felony. 25-6-9 Period of residence in home required before petition granted.