Happy family

Find a legal form in minutes

Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms.

South Dakota Paternity Law

Paternity – General – South Dakota

Note:  This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of South Dakota, but does include basic and other provisions.

Statutes:

South Dakota Codified Laws
TITLE 25 DOMESTIC RELATIONS
CHAPTER 8 PATERNITY PROCEEDINGS (Current through 2/5/09)

[Note: all statutes in this chapter not listed below have been repealed]

Father and mother’s liability for confinement expense.
Father and mother’s liability for confinement expense. The father and mother of a child born out of wedlock are jointly and severally liable to pay the expenses of the mother’s pregnancy and confinement.
Title 25, Ch. 8, 25-8-3. (1997)

Custodian’s recovery of support from noncustodian–Period support recoverable.
The custodian may recover support for a period of three years before the date of application with any Title IV-D agency, the date of filing with a court of competent jurisdiction, or the date of a written demand served personally or by registered or certified mail, return receipt requested, upon the noncustodial parent at the noncustodial parent’s last known address, whichever occurs earlier.
Title 25, Ch. 8, 25-8-5. (2005)

Proceedings to determine paternity or compel support as civil actions — Rules of procedure — Remedies authorized.
An action to determine paternity or proceedings to compel support by the father are civil actions governed by the Rules of Civil Procedure. They are not exclusive of other proceedings that may be available on principles of law or equity.

Upon determining paternity of a child, the court shall give judgment declaring the paternity of the father to the child. The court may award a money judgment to the appropriate party for the recovery of the reasonable expenses of the mother’s pregnancy and confinement, for the education, support, or funeral expenses for the child, or for any other expenses with respect to the child as the court deems reasonable.

The court shall enter an order for the support and custody of the child. The court may require the person ordered to pay support to give reasonable security for providing the support. The court may modify or vacate any order issued pursuant to this section at any time.
Title 25, Ch. 8, 25-8-7. (1988)

Court ordered testing for paternity — Filing of results.
In any action or proceeding in which the parentage of a child is at issue, including disestablishment proceedings pursuant to § 25-8-64, upon motion of the court, the department, or any of the interested parties, the court shall, for good cause shown, order the mother, the child, or any alleged father to submit to an examination of blood, tissue, or other bodily substances for the purpose of testing any genetic systems that are generally accepted within the scientific community for the conclusive determination of paternity probability. The results of the tests, together with the opinions and conclusions of the testing laboratory, shall be filed with the court. Upon written agreement of the mother and any presumed or alleged father, tests may be conducted prior to filing of an action. If the action is then filed, the test results shall be filed with the court and admitted into evidence as provided in § 25-8-7.3.
Title 25, Ch. 8, 25-8-7.1. (2001)

Persons authorized to perform test — Liability.
Only a physician, laboratory technician, registered nurse, physician’s assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist, acting under court order, or at the request of both the mother and any alleged father of the child, may withdraw blood for the purpose of testing genetic systems to determine parentage. Tissue, saliva, or other bodily substances may be withdrawn, by a qualified person, acting under court order, or at the request of both the mother and any alleged father of the child, using a noninvasive procedure, for the purpose of testing genetic systems to determine parentage. No person, and no entity, hospital, or laboratory employing such person, is liable for damages to the party from whom the blood, tissue, or other bodily substance is withdrawn, if the withdrawal is administered with usual and ordinary care.
Title 25, Ch. 8, 25-8-7.2. (2001)

Test results — Documentation — Filing objections to admissibility.
The chain of custody of the blood, tissue, or other bodily substance taken under §§ 25-8-7.1 and 25-8-7.2 may be established through certified documentation of the change of custody if such documentation was made at or near the time of the change of custody, if it was made in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the documentation. Any objections to the admissibility of the genetic test results shall be made in writing and filed with the court at least twenty days prior to any trial or hearing to establish paternity. If written objections are not filed with the court, the genetic test results are admissible as evidence of paternity without further testimony regarding foundation, accuracy, or authenticity.
Title 25, Ch. 8, 25-8-7.3. (1994)

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.
Title 25, Ch. 8, 25-8-8. (1989)

Time for bringing proceedings.
Proceedings to establish or disestablish paternity and enforce the obligation of the father may be brought at any time before the eighteenth birthday of the child.
Title 25, Ch. 8, 25-8-9. (1989)

Time of institution of proceeding — Trial deferred until birth.
The proceeding to determine paternity may be instituted during the pregnancy of the mother or after the birth of the child. Except with the consent of the person alleged to be the father, the trial may not be had until after the birth of the child.
Title 25, Ch. 8, 25-8-12. (1984)

Enforcement of foreign judgment in proceedings to compel support.
The judgment of the court of another state rendered in proceedings to compel support of a child born out of wedlock, and directing payment either of a fixed sum or of sums payable from time to time, may be sued upon in this state and be made a domestic judgment so far as not inconsistent with the laws of this state, and the same remedies may thereupon be had upon such judgment as if it had been recovered originally in this state.
Title 25, Ch. 8, 25-8-31. (1960)

Terminology used in records of children born out of wedlock.
In all records, certificates, or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of a child born out of wedlock or otherwise requiring a reference to the relation of a mother to such a child, it shall be sufficient for all purposes to refer to the mother as the parent having the sole custody of the child or to the child as being in the sole custody of the mother, and no explicit reference shall be made to illegitimacy, and the term natural shall be deemed equivalent to the term illegitimate when referring to parentage or birth out of wedlock.
Title 25, Ch. 8, 25-8-46. (1960)

Admission of paternity as prima facie evidence.
An admission by an alleged father of paternity of a child born out of wedlock, other than completion of an affidavit of paternity which creates a presumption of paternity as specified within this chapter, is prima facie evidence of paternity.
Title 25, Ch. 8, 25-8-49. (1994)

Voluntary hospital-based paternity establishment program.
Upon the birth of a child to an unmarried woman, and prior to discharge, any hospital, physician, health care provider, midwife, or nurse who assists in the birth of the child shall:

(1)  Provide an opportunity for the child’s mother and alleged father to sign under oath an affidavit of paternity; and

(2)  Provide to the mother and to the alleged father, any necessary oral, video, audio, or written information furnished by the Department of Social Services which describes, among other things, the rights and responsibilities of parentage; the benefits of having the child’s paternity established; the alleged father’s legal rights and responsibilities, including his right to request genetic testing; the child’s right to receive child support; that a signed affidavit of paternity creates a rebuttable presumption of paternity; that a signed affidavit of paternity allows the establishment of a support obligation without requiring further proceedings to establish paternity; and, that completion of the affidavit of paternity is voluntary and is not required of either the mother or the alleged father.

If obtained, the fully completed, signed, and notarized original affidavit of paternity shall be forwarded to the Department of Health as provided in chapter 34-25 within seven days following the birth of the child.
Title 25, Ch. 8, 25-8-50. (1998)

Forwarding of affidavit of paternity to Department of Social Services.
Notwithstanding § 34-25-16.4, upon request from the Department of Social Services, the Department of Health shall forward to the Department of Social Services a copy of any affidavit of paternity on file with the Department of Health.
Title 25, Ch. 8, 25-8-51. (1994)

Rebuttable presumption of paternity — Signed and notarized affidavit.
Signed and notarized affidavit. A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence of paternity, and allows the Department of Social Services to proceed to establish a support obligation in accordance with the provisions of §§ 25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity.
Title 25, Ch. 8, 25-8-52. (1994)

Reimbursement of reasonable costs for affidavit of paternity.
The hospital, physician, health care provider, or nurse is entitled to reimbursement for all reasonable costs associated with obtaining the affidavit of paternity. The Department of Social Services shall establish by rules, promulgated pursuant to chapter 1-26, the amount of reasonable costs, which may not exceed the amount for which federal financial participation is available, and the procedures for claiming such reimbursement from the department.
Title 25, Ch. 8, 25-8-53. (1994)

Use of forms and information prescribed by department.
All hospitals, physicians, health care providers, midwives, and nurses shall use all forms and written information as prescribed by the Department of Social Services.
Title 25, Ch. 8, 25-8-54. (1994)

Default judgment establishing paternity.
Any default judgment establishing paternity shall be obtained in accordance with the provisions of § 15-6-55.
Title 25, Ch. 8, 25-8-55. (1994)

Judgment of paternity — Full faith and credit.
Any judgment of paternity, whether established through a voluntary acknowledgment process, or established by a court or administrative entity of this state, or any other state or jurisdiction, is entitled full faith and credit in this state.
Title 25, Ch. 8, 25-8-56. (1994)

Rebuttable presumption of legitimacy.
Any child born in wedlock, or born within ten months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void, or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can only be disputed by the husband or wife, or a descendant of one or both of them, or a potential biological father of the child. The potential biological father has standing to file an action to rebut this presumption prior to obtaining genetic test results. The potential biological father may not rebut the presumption without genetic test results meeting the requirements of § 25-8-58 establishing that he is the biological father of the child.
Title 25, Ch. 8, 25-8-57. (1994)

Genetic test results.
Genetic test results establishing a threshold probability of paternity of ninety-nine percent or more shall create a rebuttable presumption of paternity and allow the Department of Social Services to establish a support obligation in accordance with the provisions of §§ 25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity.
Title 25, Ch. 8, 25-8-58. (1994)

Actions contesting rebuttable presumption of paternity.
Any action contesting a rebuttable presumption of paternity as established by §§ 25-8-50 to 25-8-58, inclusive, shall be commenced in circuit court either sixty days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings relating to the child including proceedings to establish a support obligation in accordance with § 25-8-52, whichever occurs earlier, except in cases where there are allegations of fraud, duress, or material mistake of fact. In cases involving allegations of fraud, duress, or material mistake of fact, any action contesting a rebuttable presumption of paternity shall be commenced within three years after the creation of any presumption. The burden of proof shall be upon the moving party and the payment of child support, or any other legal responsibilities of the parties, may not be suspended during the pendency of the proceedings, except upon a showing of good cause by the moving party.
Title 25, Ch. 8, 25-8-59. (1998)

Circumstances where name of father appears with birth record for out of wedlock birth.
In any out of wedlock birth, the name of the father shall be included within the birth record of the child only if the father and mother have signed an affidavit of paternity, or a court or administrative tribunal of competent jurisdiction has issued an order which adjudicates the paternity of the child.
Title 25, Ch. 8, 25-8-60. (1997)

Trial by jury prohibited in paternity action.
In any action to establish paternity within this state, trial by jury is not allowed.
Title 25, Ch. 8, 25-8-61. (1997)

Admissible medical billing evidence in paternity actions.
In any action to establish paternity, medical bills related to childbirth, pregnancy, or confinement expenses, and genetic testing bills shall be admissible as evidence without foundation testimony, and shall constitute prima facie evidence of the amounts incurred.
Title 25, Ch. 8, 25-8-62. (1997)

Filing affidavits or adjudications of paternity.
Every affidavit or adjudication of paternity shall be filed with the Department of Health for comparison with information contained within the state case registry.
Title 25, Ch. 8, 25-8-63. (1997)


Inside South Dakota Paternity Law