This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
South Dakota The Rights of Presumed (Putative) Fathers
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A presumed father is a man who was married to the birth mother, is named as the father on the original birth certificate, or has lived with the birth mother and the child and has told people that he is the father.
The State of South Dakota bases all child custody decisions on one main factor: the best interests of the child. The child's health, well-being, and welfare are considered paramount when determining child custody.
In South Dakota, paternity is automatically established if the parents are married to each other when the child is born or within ten months after dissolution of the marriage ? the husband is presumed to be the legal father and his name will be on the child's birth certificate.
The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal, mental, and moral welfare.
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.
In the United States of America, the putative father registry is a state level legal option for unmarried men to document through a notary public any woman they engage with in intercourse, for the purpose of retaining parental rights for any child they may father.
As used in this subchapter: ? ''Father'' means the biological male parent of a child. ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.
A legal DNA paternity test (with court-admissible results) for child support, child visitation, and immigration, typically costs $300 to $500, and includes professional DNA collection.