25-6-12. Execution of consent and agreement by parties--Appearances at hearing.
Before the hearing on a petition for adoption, the person adopting a child, the child adopted, and the other persons whose consent is necessary, shall execute their consent in writing, and the person adopting shall execute an agreement to the effect that the child adopted shall be treated in all respects as his or her own. The consent forms and the agreement of the person adopting shall be filed with the court. At the time of the hearing on the petition, the person adopting a child and the child to be adopted shall appear in court or by other means as may be allowed by the court. All persons whose consent is necessary, except the child and the person adopting the child, unless a different means of appearance is allowed by the court, may appear by a person filing with the court a power of attorney, or a guardian may appear on behalf of the child, or a duly incorporated home or society for the care of dependent or neglected children may by its authorized officer or agent, consent to the adoption of a child surrendered to such home or society by a court of competent jurisdiction. The Department of Social Services may appear in court and consent to the adoption of a child surrendered to it by any court of competent jurisdiction, or, if the department has custody of a child by written agreement of a parent or parents with power of attorney to consent to adoption, by the officer of the department holding such power of attorney.
Source: SDC 1939, §14.0406; SL 1945, ch 47, §1; SL 1947, ch 54; SL 1973, ch 165; SL 1989, ch 219; SL 1993, ch 213, §117; SL 2012, ch 142, §1.
Structure South Dakota Codified Laws
Chapter 06 - Adoption Of Children
Section 25-6-1.1 - Father of illegitimate child not entitled to notice unless acknowledged.
Section 25-6-3 - Consent of spouse required for adoption.
Section 25-6-4 - Consent of child's parents required for adoption--Court waiver of consent.
Section 25-6-4.1 - Compelling, coercing, or forcing adoption as felony.
Section 25-6-4.2 - Offering, giving, or receiving unauthorized consideration for adoption as felony.
Section 25-6-5 - Consent of child over twelve required.
Section 25-6-6 - Jurisdiction of circuit court--Appeal.
Section 25-6-7 - Venue of adoption proceedings.
Section 25-6-8 - Joinder of proceedings as to two or more children--Separate orders required.
Section 25-6-9 - Period of residence in home required before petition granted.
Section 25-6-9.1 - Home study report—Requirement--Cost.
Section 25-6-9.2 - Effective date.
Section 25-6-10 - Time of hearing on petition fixed--Investigation ordered by court.
Section 25-6-11 - Notice to Department of Social Services--Recommendation of department--Appearance.
Section 25-6-12 - Execution of consent and agreement by parties--Appearances at hearing.
Section 25-6-13 - Examination of witnesses and investigations by court--Order of adoption--Contents.
Section 25-6-15.1 - Confidentiality of records.
Section 25-6-15.2 - Nonidentifying information--Release to adoptive parent or adoptee.
Section 25-6-15.3 - Registry of consents to release of identifying information.
Section 25-6-16 - Change of name by adopted child--Relationship with adoptive parent.
Section 25-6-17 - Rights and duties of natural parents terminated on adoption--Exceptions.
Section 25-6-18 - Petition for adoption of adult--Consent--Residence requirement.
Section 25-6-19 - Order for adoption of adult.
Section 25-6-21 - Cure of past irregularities in proceedings--Limitation of actions.
Section 25-6-24 - Due regard to be afforded Indian Child Welfare Act.
Section 25-6-25 - Effect of adoption orders of another jurisdiction or nation.