South Dakota Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown

State:
Multi-State
Control #:
US-01539BG
Format:
Word; 
Rich Text
Instant download

Description

If the father's name is known but his whereabouts are unknown, some states require the adoption agency or attorney to make reasonable efforts to locate him. What constitutes reasonable effort? The answer differs by state and, often, by judges within a state.


Many birth fathers in domestic adoption situations are unknown to the birth mother, or are not involved in the adoption process in any way. It is vital to follow state laws to try and locate or provide notice to any unknown birth father or identified potential birth father whose whereabouts are unknown or who simply is not in contact with the birth mother any longer. The birth father's rights will be terminated by the courts after these steps are taken to provide him notice.

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FAQ

Consent will be required from: Both biological parents if the child was conceived or born during marriage. The mother of a child born outside marriage.

The petition for adoption is relatively straightforward. It must include the names of the stepparent seeking to adopt, his or her spouse, the non-custodial parent, and the child. The petition must also include the child's place and date of birth and the current residence of the stepparent, custodial parent, and child.

Before a child may be adopted by a stepparent, the child must be available to be adopted. This means that the non-petitioning parent, if one exists, must give written consent to the child's adoption or that parent's parental rights must be terminated by the Court if they have not already been terminated.

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.

A. Context Statistics 1 2 20172021Child maltreatment victims1,3391,459Foster care entry rate5.54.6Children in foster care on 9/301,6031,647Children adopted181222

Types of behavioral and emotional issues Children who are adopted may have behavioral issues such as violent tantrums and/or sensory self-stimulation in times of either stress or excitement, oppositional behaviors, aggression, depression and anxiety.

Spanking, slapping a child's hand, washing a child's mouth with soap, and other physical acts of discipline are not permitted for foster children and adoptive children.

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.

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South Dakota Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown