25-8-7. Proceedings to determine paternity or compel support as civil actions--Rules of procedure--Remedies authorized.
An action to determine paternity or proceedings to compel support by the father are civil actions governed by the Rules of Civil Procedure. They are not exclusive of other proceedings that may be available on principles of law or equity.
Upon determining paternity of a child, the court shall give judgment declaring the paternity of the father to the child. The court may award a money judgment to the appropriate party for the recovery of the reasonable expenses of the mother's pregnancy and confinement, for the education, support, or funeral expenses for the child, or for any other expenses with respect to the child as the court deems reasonable.
The court shall enter an order for the support and custody of the child. The court may require the person ordered to pay support to give reasonable security for providing the support. The court may modify or vacate any order issued pursuant to this section at any time.
Source: SDC 1939 & Supp 1960, §37.2106; SL 1984, ch 190, §7; SL 1988, ch 204.
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.