25-8-8. Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed.
An agreement or compromise made by the mother or child or by some authorized person on their behalf, with the alleged father concerning the support of the child born out of wedlock is binding upon the mother and child only if adequate support is secured by payment, or otherwise, and if approved by a court having jurisdiction to compel support of the child.
The performance of the agreement, when approved, bars other remedies of the mother or child for the support of the child.
The approval by the court shall be entered by the court as a judgment of paternity and order for support, and the judgment and order are enforceable as provided by law. An agreement which does not meet the requirements of this statute is void.
Source: SDC 1939 & Supp 1960, §37.2126; SL 1984, ch 190, §8.
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.