25-6-21. Cure of past irregularities in proceedings--Limitation of actions.
Except in any case involving fraud or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§1901 to 1963, inclusive), any proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things legalized, cured, and validated one year after the proceeding is finalized. If any person has a claim or right arising from any adoption proceeding, that person shall initiate any action to enforce such right or claim within one year of the date when the proceeding is finalized unless a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§1901 to 1963, inclusive), as amended to January 1, 2019.
Source: SL 1994, ch 200; SL 1996, ch 166; SL 2012, ch 143, §1; SL 2019, ch 127, §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.