| South Dakota Adoption Laws page #8 of 8 |
| South Dakota Adoption Laws |
South Dakota
Who May Access Information
Citation: Ann. Code §§ 25-6-15.2; 25-6-15.3
Nonidentifying information may be released to:
• The adoptive parent.
• The adopted person who is age 18 or older.
Identifying information may be released to:
• The adopted person.
• The birth parents.
Access to Nonidentifying Information
Citation: Ann. Code § 25-6-15.2
• Nonidentifying information, if known, shall be made available to the adoptive parent or to the adopted person who is age 18 or older, upon written request and proper proof of identification. Information may be withheld only if it is of such a nature that would tend to identify a birth relative.
Nonidentifying information includes:
• The age of the birth parents at the time of the child’s birth.
• The heritage of the birth parents, including nationality, ethnic background, and race.
• The number of years of school completed by the birth parents at the time of the child’s birth.
• The general physical appearance of the birth parents at the time of the child’s birth in terms of height, weight, color of hair, eyes, skin, and other information of a similar nature.
• The talents, hobbies, and special interests of the birth parents.
• The existence of any other children born to either birth parent before the child’s birth.
• Whether the termination of parental rights was voluntary or involuntary.
• The religion of the birth parents.
• The occupation of the birth parents in general terms.
• The health history of the birth parents and blood relatives.
• The relationship between the birth parents.
Mutual Access to Identifying Information
Citation: Ann. Code § 25-6-15.3
• The department of social services shall maintain a voluntary registry of adopted person and birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent shall indicate to whom the information may be released and whether the adopted person desires release of this identifying information after his death. A person who uses this voluntary register may revoke his consent at any time.
Access to Original Birth Certificate
Citation: Ann. Code § 34-25-16.4
• The original birth certificate is available upon order of the court.
Where the Information Can Be Located:
South Dakota Voluntary Adoption Registry
South Dakota Vital Records Information
Access to Adoption Records: Summary of State Laws
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information
Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/infoaccessap.cfm.
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