South Dakota Codified Laws
Chapter 05A - Voluntary Termination Of Parental Relations
Section 25-5A-7 - Consent not invalidated by minority.

25-5A-7. Consent not invalidated by minority.
If the individual in whom the right exists under this chapter to petition or to execute waivers or consents has not reached majority, this fact shall not affect the validity of such petition, consent or waiver notwithstanding any statutory provisions to the contrary.

Source: SL 1971, ch 165, ยง10.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 05A - Voluntary Termination Of Parental Relations

Section 25-5A-1 - Definition of terms.

Section 25-5A-2 - Purposes of termination procedure.

Section 25-5A-3 - Parent entitled to petition for termination.

Section 25-5A-4 - Waiting period for filing petition.

Section 25-5A-5 - Circuit court jurisdiction--Venue.

Section 25-5A-6 - Verified petition--Contents.

Section 25-5A-7 - Consent not invalidated by minority.

Section 25-5A-7.2 - Medical and social history form required prior to termination--Filing--Copy available to adoptive parent--Failure to comply does not void termination.

Section 25-5A-7.3 - Rules and regulations adopted by department for securing medical and social history.

Section 25-5A-7.4 - Violation of medical and social history provisions as misdemeanor involving moral turpitude.

Section 25-5A-8 - Hearing procedure.

Section 25-5A-9 - Time and place of hearing--Notice.

Section 25-5A-11 - Service of notice in person or by publication--Time of service.

Section 25-5A-12 - Service by publication and mail.

Section 25-5A-13 - Private hearings--Opening to public.

Section 25-5A-14 - Personal presence of parent required--Appearance by telephone--Power of attorney--Indian Child Welfare Act.

Section 25-5A-15 - Hearings informal--Best interest of child.

Section 25-5A-16 - Determination that petitioners know consequences.

Section 25-5A-17 - Record of proceedings.

Section 25-5A-18 - Order terminating parental rights--Consent to adoption--Child support arrearages.

Section 25-5A-19 - Order conclusive--Appeal to supreme court.

Section 25-5A-20 - Records confidential.

Section 25-5A-21 - Remedy cumulative.

Section 25-5A-22 - Counseling before termination of parental rights.

Section 25-5A-23 - Scope of counseling.

Section 25-5A-24 - Written report of counseling--Copy to Department of Social Services.

Section 25-5A-25 - Failure to receive counseling.

Section 25-5A-26 - Termination of parental rights--Validated--Limitation on claims.

Section 25-5A-27 - Voluntary delivery of child 60 days of age or younger--Actions to protect child authorized.

Section 25-5A-28 - Delivery of unharmed child not a crime.

Section 25-5A-29 - Termination of parental rights to delivered child.

Section 25-5A-30 - Questions concerning child's medical history--No parental obligation to provide information.

Section 25-5A-31 - No liability for entity accepting custody of delivered child.

Section 25-5A-32 - Notification to Department of Social Services upon possession of child--Assumption of care, custody and control of child--Investigation of parent restricted.

Section 25-5A-33 - Provisions for custody action by nonrelinquishing parent.

Section 25-5A-34 - Emergency medical services provider defined.

Section 25-5A-35 - Parental rights termination hearing for voluntarily delivered child.

Section 25-5A-36 - Due regard to be afforded Indian Child Welfare Act.