Gestational Surrogacy is permitted in South Dakota because no statute or published case law prohibits it.
Do courts grant pre-birth parentage orders?
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue?
Do results vary by venue?
If yes, are motions to waive venue accepted?
Is a hearing required to obtain a pre-birth order?
Is a pre-birth order possible in South Dakota based on a Gestational Carrier’s plan to deliver in South Dakota, if no party lives in South Dakota?
Will South Dakota Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in South Dakota (i.e., neither of the Intended Parents lives in South Dakota)?
Note: This situation typically arises if the child is born outside the state. The parents then return to South Dakota to obtain a second parent adoption or stepparent adoption in South Dakota.
Will courts in South Dakota grant second parent adoptions or stepparent adoptions to heterosexual couples living in South Dakota?
Does the couple need to be married?
Will courts in South Dakota grant second parent adoptions or stepparent adoptions to same-sex couples living in South Dakota?
Does the couple need to be married?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?
Traditional Surrogacy is permitted in South Dakota because no statute or published case law prohibits it. A bill to regulate surrogacy has been drafted by the state bar, but it has not been introduced.
Kenneth Tschetter
Sioux Falls, SD
kenmtschetter@gmail.com
http://tschetteradams.com
(605) 367-1013
Emilee Gehling, Gehling Osborn Law Firm, PLC
Sioux City, IA
Emilee@golawfirm.com
(712) 226-4600
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