25-8-64. Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.
The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either exclude the presumed or legally determined father as the biological father of the child or establish another person as the biological father of the child by the standards set in §25-8-58. The court may under such circumstances set aside a presumption or prior determination of paternity if it finds that setting aside a presumption or prior determination of paternity is in the best interest of the child. The court may consider any of the following factors in determining the best interests of the child:
(1)The length of time between the proceeding to adjudicate parentage and the time that the presumed or legally determined father was placed on notice that he might not be the genetic father;
(2)The length of time during which the presumed or legally determined father has assumed the role of father of the child;
(3)The facts surrounding the presumed or legally determined father's discovery of his possible nonpaternity;
(4)The nature of the relationship between the child and the presumed or legally determined father;
(5)The age of the child;
(6)The harm or benefit that may result to the child if the presumed or legally determined paternity is successfully disproved;
(7)The nature of the relationship between the child and any presumed or legally determined father;
(8)The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(9)Any additional factors deemed by the court to be relevant to its determination of the best interest of the child.
Source: SL 2013, ch 119, §18.
Structure South Dakota Codified Laws
Chapter 08 - Paternity Proceedings
Section 25-8-3 - Father and mother's liability for confinement expense.
Section 25-8-5 - Custodian's recovery of support from noncustodian--Period support recoverable.
Section 25-8-7.1 - Court ordered testing for paternity--Filing of results.
Section 25-8-7.2 - Persons authorized to perform test--Liability.
Section 25-8-7.3 - Test results--Documentation--Filing objections to admissibility.
Section 25-8-9 - Time for bringing proceedings.
Section 25-8-12 - Time of institution of proceeding--Trial deferred until birth.
Section 25-8-46 - Terminology used in records of children born out of wedlock.
Section 25-8-49 - Admission of paternity as prima facie evidence.
Section 25-8-50 - Voluntary hospital-based paternity establishment program.
Section 25-8-51 - Forwarding of affidavit of paternity to Department of Social Services.
Section 25-8-52 - Rebuttable presumption of paternity--Signed and notarized affidavit.
Section 25-8-53 - Reimbursement of reasonable costs for affidavit of paternity.
Section 25-8-54 - Use of forms and information prescribed by department.
Section 25-8-55 - Default judgment establishing paternity.
Section 25-8-56 - Judgment of paternity--Full faith and credit.
Section 25-8-57 - Rebuttable presumption of legitimacy.
Section 25-8-58 - Genetic test results.
Section 25-8-59 - Actions contesting rebuttable presumption of paternity.
Section 25-8-61 - Trial by jury prohibited in paternity action.
Section 25-8-62 - Admissible medical billing evidence in paternity actions.
Section 25-8-63 - Filing affidavits or adjudications of paternity.