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South Dakota State Paternity Laws

posted by DNA Identifiers @ 2:11 PM
Friday, July 24, 2009


The below information is a general guide to South Dakota State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: South Dakota Department of Social Services

Required Probability of Paternity for South Dakota Courts: 99%

Required Paternity Index: None at this time

Current South Dakota Paternity Law: Chapter 25

25-5-3. Presumption of parentage. The husband and wife are presumed to be the parents of any child born to the wife during the marriage or within ten months after the dissolution of the marriage.

25-8-49. 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.

25-8-50. 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.

Link: South Dakota Laws

This information is a general guide. Research your state laws for current information or contact a family attorney.

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