25-6-2. Adoption of minor child permitted--Minimum difference in ages--Best interests of child.
Any minor child may be adopted by any adult person. However, the person adopting the child shall be at least ten years older than the child adopted unless the court finds the adoption of the child by the adult person in the best interest of the child.
In an adoption proceeding or in any proceeding that challenges an order of adoption or order terminating parental rights, the court shall give due consideration to the interests of the parties to the proceedings, but shall give paramount consideration to the best interests of the child.
Source: SDC 1939, §14.0401; SL 1994, ch 199; SL 2018, ch 158, §1, eff. Feb. 27, 2018.
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.