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South Dakota law allows only the adoptee and the adoptive parents to open sealed adoption files (SDCL 25-6-15). To open a file, the adoptee must petition the court where the adoption was finalized to receive a court order.
An adult may adopt another adult by filing a petition requesting the adoption with the judge of the circuit court, together with an agreement in writing that the person being adopted shall be treated in all respects as a natural child of the petitioner.
Prospective Adoptive Parents in South Dakota are required to complete a home study before beginning the adoption process and a post placement assessment after the adoption takes place. Both will assess your ability to provide a safe and stable environment for the child you wish to adopt.
Both the parent retaining custody and the other birth parent must consent to the adoption. Step-parent adoptions do not require an adoptive home study or investigation. The child is not being placed for adoption, rather they are joining the family with a birth parent.
If you are interested in learning about becoming an adoptive parent and you are 21 years of age, the first step is to contact a local CPS office. For more information about becoming an adoptive parent, please contact Lutheran Social Services of South Dakota at 888-201-5061, 605-221-2990, or rfs@lsssd.org.
In South Dakota, there is no minimum age that an individual must be to adopt a child. Any adult that is at least ten years older than the adopted child may adopt. If you are married, you may not adopt without your spouse's consent, unless you are legally separated. Single individuals may also petition to adopt.
Any individual may be adopted. This includes both adults and minors. Adults are 18 years of age and older. Minors are under 18 years of age.