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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 ...
South Dakota and federal laws allow establishment of paternity any time before the child reaches the age of 18. It is in the interests of all parties to establish paternity as soon as possible following the birth of the child.
To voluntarily acknowledge paternity, both parents must sign a paternity affidavit under oath. By signing the affidavit, the law presumes the named father is the biological father of the child and action can proceed to establish a child support obligation without any future legal proceeding to establish paternity.
However, the father of a child born out of wedlock is still able to obtain custody of the child, as long as the court finds it would be in the child's best interests.
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.
When either the mother or the father disputes paternity, paternity must be established ?involuntarily.? In South Dakota, there are two involuntary methods of establishing paternity: by contacting the Department of Social Services (DSS) or by filing a petition (legal paperwork) to establish paternity in Court.