State Laws and Legislation

South Dakota Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
South Dakota law permits any adult person to petition to adopt as long as the person adopting the child is at least 10 years older than the person adopted. S.D. CODIFIED LAWS § 25-6-2.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

Details: The state regulations defer to licensed child placing agencies’ unspecified criteria to find acceptable adoptive parents. S.D. ADMIN. R. 67:14:14:03.


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Last Updated: 12/14/2009  

Updated: Mon, December 14, 2009 - 12:00:44