State Laws and Legislation

South Dakota Surrogacy Law

Summary: It is unclear how South Dakota law would treat a surrogacy agreement that includes lesbian, gay, bisexual or transgender (LGBT) individuals because there are no statutory provisions or published cases dealing with the issue of surrogacy.

However, there is no explicit prohibition in South Dakota on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals from adopting the child of their same-sex partner.

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Last Updated: 9/10/2009   

Updated: Wed, September 09, 2009 - 11:00:10