Opting for Gestational Surrogacy in South Dakota

It is permitted to go with Gestational Surrogacy in South Dakota because no legal act or statute restricts it.

Pre-Natal Parenthood Orders

Are the pre-natal parenthood or parentage orders passed by the courts in South Dakota?  Yes

Is there any provision for the Intended or Aspiring Parents to be affirmed as the legal parents in a pre-natal order, if one of the parents has a genetic connection with the child?

Heterosexual or straight married couple with own sperm and egg: Yes

Heterosexual or straight married couple going with egg or sperm donation: Yes

Heterosexual or straight unmarried couple with own sperm and egg: Yes

Heterosexual or straight unmarried couple going with egg or sperm donation: Yes

Same-sex or homosexual couple going with egg or sperm donation: Yes

Single parent using own egg or sperm: Yes

Is there any provision for declaring both the intended parents as legal parents through an order for pre-birth parenthood, if no parent has a genetic connection with the child?

    • Married heterosexual or straight couple: Yes

    • Unmarried heterosexual or straight couple: Yes

    • Homosexual or same-sex couple: Yes

    • Single parent: Yes

Where is the venue?

Not clear as yet.

Do results change as per venue?

Not known as yet, but the outcomes should usually be the same across different counties.

If yes, can the venue be changed or waived?

Not sure

Is there a need for hearing to obtain a court order for pre-birth parenthood or parentage?

Not typically

Is a pre-natal order realizable in South Dakota if a Gestational Carrier plans to give birth to the child in South Dakota if none of the parties involved reside in the state?

Quite probably.

Does South Dakota Vital Records recognize a pre-natal order from some other state?

Usually, it does.

Is there any time limit to acquire the birth certificate post-delivery?
4-7 days

Same-sex Couple Surrogacy in South Dakota

 

How homosexual parents’ names are placed on the certificate of birth?

Parent & Parent

Can an initial certificate of birth be provided to homosexual couple from another country, on mentioning the name of the gestational carrier and biological father?

Yes

Can the initial birth certificate be acquired subsequently by a same-sex couple from another country, if they only mention the name of the genetically related father and not the name of the gestational carrier?

Yes, but only through adoption.

Can the non-biologically related homosexual parent acquire a second/companion parent adoption in South Dakota solely based on the reason that the childbirth took place in South Dakota (i.e., none of the Aspiring Parents lives in the state)?

Yes, but the law of the state asks the couple opting for adoption to reside in the same house with the child for at least six months before going for adoption. Therefore, it is only feasible for the parents living in South Dakota to go for adoption in the state. Normally, the Aspiring Parents adopt in the state they live in.

Adoptions of Second/Companion Parent & Stepparent by the Residents of South Dakota

Note: This situation arises if the birth of the child takes place outside South Dakota. The parents then come back to South Dakota to seek and acquire adoption order for second/companion parent or stepparent.

Does the jurisdiction in South Dakota allow the adoption of second/additional parent or stepparent to straight couples residing in the state?

Yes

Is there a requirement for the couple to be married?

No. As per the state’s law, any adult is eligible to adopt. The child needs to live in the adopting parent’s home for at least six months of time before the adoption takes place.

Do South Dakota’s courts allow the adoption of second/additional parent or stepparent to homosexual couples residing in the state?

Yes

Is there a requirement for the couple to be married?

No. As per the state’s law, any adult is eligible to adopt. The child needs to live in the adopting parent’s home for at least six months of time before the adoption takes place.

Sperm and Egg Donation

Is there a published case or legal edict that addresses the donor’s right related to the resulting sperm, eggs, embryo or child?

No

Conventional Surrogacy in South Dakota

Conventional Surrogacy is allowed in South Dakota because no jurisdictional act or statute puts any restriction on it. A bill has been drafted by the state’s legal advisory to regulate surrogacy, but it is yet to be introduced.

Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.