South Dakota

Accepts / Does NOT Accept CA Judgment

Accepts (3/19 VR confirmed no domestication was needed- due to conflicting information, confirm before proceeding)

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

There is no law in South Dakota addressing gestational surrogacy. Because it is not prohibited, gestational surrogacy may be practiced.

Vital Records Information

Contact: Shawna Flax (605-773-3357, [email protected]).

  • Send Judgment to Shawna for review prior to submitting to court and send certified Judgment to VR

Judgment: Must include a statement covering jurisdiction

  • IF / IM should be listed on the Judgment as “Record information of legal father XXX in the Parent 1 spaces (boxes)” and “Record information of legal mother XXX in the Parent 2 spaces (boxes)”
  • No genetic information required in Judgment

Birth Certificates: According to South Dakota law, the hospital must submit the birth record to Vital Records within 7 days

  • Shawna will work on the birth record the same day and usually can issue the birth certificate the next day
  • Same sex couples listed as Parent and Parent

Local Counsel

Kenneth Tschetter
[email protected]
http://tschetteradams.com
(605) 367-1013