25-5-28. Declaration obtained by fraud voidable--Proceedings.
A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. The voiding of any such declaration pursuant to this section does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect.
A proceeding under this section may be commenced by any person or by any public or private agency. Notice of the commencement of such a proceeding and of any order declaring the declaration of emancipation to be void shall be consistent with the requirements of §25-5-27.
Source: SL 1991, ch 211, §5.
Structure South Dakota Codified Laws
Section 25-5-3 - Presumption of parentage.
Section 25-5-6 - Parental control of child's property.
Section 25-5-7 - Parents equally entitled to custody and earnings of child born in wedlock.
Section 25-5-7.2 - Residential parent to make routine decisions concerning child.
Section 25-5-7.5 - Access to records and application requirements not applicable to certain parents.
Section 25-5-7.6 - Parent sharing custody to foster other parent's relationship with child.
Section 25-5-8 - Father's rights not superior to mother's while separated.
Section 25-5-10 - Custody and earnings of children born out of wedlock.
Section 25-5-10.1 - Best interest of child not presumed--Change of custody.
Section 25-5-11 - Wages of minor payable to minor or conservator.
Section 25-5-12 - Relinquishment of child control and earnings--Abandonment by parent.
Section 25-5-13 - Residence of child--Right to change--Procedure.
Section 25-5-14 - Parent and child not answerable for act of other.
Section 25-5-16 - Judicial cognizance of parental abuses--Freeing child from parental dominion.
Section 25-5-18.1 - Parental duty to support child.
Section 25-5-18.2 - Parental duty to support certain grandchildren.
Section 25-5-19 - Emancipation by express agreement--Approval of circuit court.
Section 25-5-21 - Duty of emancipated child to parent.
Section 25-5-23 - Foster parents' liability to foster children.
Section 25-5-24 - Emancipated minor defined.
Section 25-5-25 - Age of majority for certain purposes--Parent or guardian liability.
Section 25-5-26 - Petition for emancipation--Procedure.
Section 25-5-27 - Rescission of declaration of emancipation.
Section 25-5-28 - Declaration obtained by fraud voidable--Proceedings.
Section 25-5-30 - Circumstances suggesting serious detriment to child.
Section 25-5-31 - No right created on behalf of stepparent.
Section 25-5-34 - Applicability of §§ 25-5-29 to 25-5-34.
Section 25-5-35 - Breastfeeding permitted in certain locations.