34-25-16.1. New birth certificate upon adoption of child born in state or foreign nation--Exception.
If the birth occurred in South Dakota, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. However, a new certificate of birth may not be prepared if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person.
If the birth occurred in a foreign nation and the adoption decree is entered in a court of this state, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. The birth certificate shall be prepared in accord with the facts as found and entered by the court. If the birth occurred in a foreign nation and the adoption was finalized in a foreign nation, any circuit court of this state may issue an order, ex parte and without hearing, directing that a new certificate of birth be issued upon filing the following documentation:
(1)A certified copy of the adoption order from the foreign nation;
(2)A certified translation of the adoption order if necessary;
(3)Proof of the date and place of the child's birth;
(4)Proof of IR-3 immigration status; and
(5)Proof that each adopting person is a resident of this state.
The Department of Health shall issue a new certificate of birth in the new name of the child and the name of each adopting person upon receipt from the clerk of courts such information necessary to establish a new certificate of birth on a form prepared by the department.
The issuance of certificates pursuant to this section is conditioned upon the receipt of a fee based upon administrative cost as established by the department pursuant to chapter 1-26.
Source: SL 1939, ch 168, §12; SL 1947, ch 121, §3; SDC Supp 1960, §55.3717; SDCL §34-25-16; SL 1972, ch 194, §18; SL 1976, ch 221; SL 1978, ch 255, §2; SL 1980, ch 238, §25; SL 2007, ch 157, §2; SL 2010, ch 176, §1.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 25 - Vital Records And Burial Permits
Section 34-25-1 - Department of Health to have charge of registration.
Section 34-25-1.1 - Definition of terms.
Section 34-25-4 - Vital registration districts--Establishment, consolidation or subdivision.
Section 34-25-8.1 - Birth in moving conveyance.
Section 34-25-9.2 - Birth certificate signed by parents or informant.
Section 34-25-13.4 - Father not named on birth certificate--No other information entered.
Section 34-25-14 - Child of unknown parents--Physician to name child and file birth certificate.
Section 34-25-15 - Legitimation of child--New birth certificate--Fee.
Section 34-25-16 - Adoption information forwarded by clerk of courts.
Section 34-25-16.2 - Birth certificate after adoption when birth unrecorded.
Section 34-25-16.3 - Adoption information on child born out-of-state forwarded to state of birth.
Section 34-25-16.6 - Copies of birth certificates.
Section 34-25-16.7 - Determining mother for birth certificate.
Section 34-25-16.8 - New birth certificate for certain crime victims--Sealing.
Section 34-25-18.1 - Determination of death.
Section 34-25-24 - Permit required for disposition of dead body or fetus.
Section 34-25-24.1 - Notice to funeral director--Communicable disease or condition.
Section 34-25-32.1 - Report required of certain fetal deaths other than abortions.
Section 34-25-32.2 - Fetal death report filed by physician--Coroner to report unattended deaths.
Section 34-25-32.3 - Disposition of remains of embryo or fetus.
Section 34-25-32.4 - Medical facility to provide for disposal of aborted fetuses.
Section 34-25-32.5 - Failure to comply as public nuisance.
Section 34-25-32.6 - Disposition of fetal remains--Method.
Section 34-25-32.7 - Fetal organ, tissue donation--Circumstances--Consent required.
Section 34-25-32.8 - Definitions related to stillbirth.
Section 34-25-32.10 - Name of stillborn child on certificate of birth resulting in stillbirth.
Section 34-25-32.12 - Form and content of certificate of birth resulting in stillbirth.
Section 34-25-32.14 - Fee for certificate of birth resulting in stillbirth.
Section 34-25-32.16 - Certificate may be requested without regard to date of fetal death.
Section 34-25-33 - Burial or removal permit filed by funeral director after final disposition.
Section 34-25-34 - Burial-transit permit issued out-of-state as authority for final disposition.
Section 34-25-36 - Records and monthly report of funeral director.
Section 34-25-38.1 - Issuance of disinterment permit.
Section 34-25-39 - Completion of burial permit when no person in charge of cemetery.
Section 34-25-42 - Delayed registration of birth, death, or marriage--Fee.
Section 34-25-46 - Signing, dating, and numbering of permits for disposition by local registrar.
Section 34-25-51 - Amendment of vital record--Fee for delayed amendment.
Section 34-25-52.1 - Copies or data supplied to public or private agencies.
Section 34-25-52.2 - Additional fee for copy of birth record--Disposition.
Section 34-25-52.3 - Free birth certificate with head start enrollment form.
Section 34-25-52.4 - Uniform forms and procedures for issuance of copies of records--Rules.
Section 34-25-57 - Violation of requirements as misdemeanor.
Section 34-25-58 - Enforcement and supervisory powers of department--Investigations by secretary.
Section 34-25-61 - Severability of provisions.
Section 34-25-62 - Electronic list of persons married in South Dakota.