South Dakota 2025 Regular Session

South Dakota House Bill HB1174 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.343.12 100th Legislative Session 1174
	1	+	25.343.11 100th Legislative Session 1174
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1174
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to revise certain provisions related to the rights and obligations of
12		-	a father of a child born to an unmarried mother.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That § 25-6-1 be AMENDED:
15		-	25-6-1. If the biological mother of a child is not married to the father of the child
16		-	at the time of the conception or birth of the child, or at any time between conception and
17		-	birth of the child, the father becomes an acknowledged father of the child and adopts the
18		-	child only by:
19		-	(1) Openly holding out the child as the father's own by receiving the child into the
20		-	father's household;
21		-	(2) Voluntarily contributing to the financial support of the child; or
22		-	(3) Voluntarily contributing to the daily supervision, protection, education, and care of
23		-	the child.
24		-	Following a father's adoption of a child pursuant to this section, the child is deemed
25		-	for all purposes to be the child of the father from the time of the child's birth. No other
26		-	provision of law relating to adoption shall apply.
27		-	Section 2. That § 25-6-1.1 be AMENDED:
28		-	25-6-1.1. Notwithstanding any other provision of law or court ruling, if the
29		-	biological mother of a child is not married to the father at the time of conception or birth
30		-	of the child, or at any time between conception and birth of the child, the father of the
31		-	child, as a requirement of due process, has no rights to the service of process or notice in
32		-	an adoption or termination of parental rights proceeding, unless the father is known and
33		-	identified by the mother to the court, or unless the father, prior to the entry of a final
34		-	order in the proceeding, acknowledges the child as the father's own by affirmatively
35		-	asserting paternity, within fifteen days after the birth of the child, by: 25.343.12 2 1174
36		-	HB1174 ENROLLED
37		-	(1) Becoming an acknowledged father as provided in § 25-6-1;
38		-	(2) Causing the father's name to be affixed to the birth certificate as provided by § 34-
39		-	25-13.2; or
40		-	(3) Commencing an action for paternity pursuant to chapter 25-8.
41		-	A man who has sexual intercourse with a woman to whom the man is not married
42		-	is deemed to be on notice that a child may be conceived as a result and is entitled to
43		-	notice of an adoption proceeding or voluntary termination of parental rights proceeding
44		-	only as provided in this chapter. It is the duty of the father to affirmatively assert and
45		-	protect the father's rights and interest in the child.
46		-	The mother has the right to not identify the father or any other potential father of
47		-	the child to the court or to any other person in an adoption or voluntary termination of
48		-	parental rights proceeding. No inquiry may be made into the sexual history of the mother
49		-	in an adoption or voluntary termination of parental rights proceeding. The mother's failure
50		-	to inform the father of the mother's pregnancy is not a defense to the father's failure to
51		-	timely assert paternity as provided in this chapter. 25.343.12 3 1174
52		-	HB1174 ENROLLED
53		-	An Act to revise certain provisions related to the rights and obligations of a father of a child
54		-	born to an unmarried mother.
55		-
56		-
57		-
58		-
59		-	I certify that the attached Act originated in
60		-	the:
61		-
62		-	House as Bill No. 1174
63		-
64		-
65		-
66		-	Chief Clerk
67		-
68		-
69		-
70		-
71		-	Speaker of the House
72		-
73		-	Attest:
74		-
75		-
76		-
77		-
78		-	Chief Clerk
79		-
80		-
81		-
82		-
83		-	President of the Senate
84		-
85		-	Attest:
86	6
87	7
88	8
89	9
90	10
91		-	Secretary of the Senate
92	11
	12	+	Introduced by: Representative Hughes
93	13
94		-
95		-	House Bill No. 1174
96		-	File No. ____
97		-	Chapter No. ______
98		-
99		-
100		-
101		-	Received at this Executive Office
102		-	this _____ day of _____________,
103		-
104		-	2025 at ____________M.
105		-
106		-
107		-
108		-	By
109		-	for the Governor
110		-
111		-
112		-	The attached Act is hereby
113		-	approved this ________ day of
114		-	______________, A.D., 2025
115		-
116		-
117		-
118		-
119		-
120		-	Governor
121		-
122		-	STATE OF SOUTH DAKOTA ,
123		-	ss.
124		-	Office of the Secretary of State
125		-
126		-
127		-	Filed ____________, 2025
128		-	at _________ o'clock __M.
129		-
130		-
131		-
132		-
133		-
134		-	Secretary of State
135		-
136		-
137		-
138		-	By
139		-	Asst. Secretary of State
140		-
141		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to revise certain provisions related to the rights and obligations of a father 1
	17	+	of a child born to an unmarried mother. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That § 25-6-1 be AMENDED: 4
	20	+	25-6-1. The father of an illegitimate child by publicly acknowledging it as his own, 5
	21	+	receiving it as such into his family, with the consent of his wife if he is married and 6
	22	+	otherwise treating it as if it were a legitimate child, thereby adopts it as such, and such 7
	23	+	child is thereupon deemed for all purposes legitimate from the time of its birth. The other 8
	24	+	provisions of law relating to adoption shall not apply in such cases.If the biological mother 9
	25	+	of a child is not married to the father of the child at the time of the conception or birth of 10
	26	+	the child, or at any time between conception and birth of the child, the father becomes an 11
	27	+	acknowledged father of the child and adopts the child only by: 12
	28	+	(1) Openly holding out the child as the father's own by receiving the child into the 13
	29	+	father's household; 14
	30	+	(2) Voluntarily contributing to the financial support of the child; or 15
	31	+	(3) Voluntarily contributing to the daily supervision, protection, education, and care of 16
	32	+	the child. 17
	33	+	Following a father's adoption of a child pursuant to this section, the child is deemed 18
	34	+	for all purposes to be the child of the father from the time of the child's birth. No other 19
	35	+	provision of law relating to adoption shall apply. 20
	36	+	Section 2. That § 25-6-1.1 be AMENDED: 21
	37	+	25-6-1.1. Notwithstanding any other provision of law or court rule ruling, if the 22
	38	+	biological mother of a child is not married to the father at the time of conception or birth 23
	39	+	of the child, or at any time between conception and birth of the child, the father of an 24
	40	+	illegitimate the child shall, as a requirement of due process, have has no rights to the 25 25.343.11 2 1174
	41	+	Underscores indicate new language.
	42	+	Overstrikes indicate deleted language.
	43	+	service of process or notice in an adoption, dependency, delinquency, or termination of 1
	44	+	parental rights proceedings proceeding, unless he the father is known and identified by 2
	45	+	the mother to the court, or unless he the father, prior to the entry of a final order, in any 3
	46	+	of the three proceedings, shall have acknowledged in the proceeding, acknowledges the 4
	47	+	child as his the father's own by affirmatively asserting paternity, within sixty fifteen days 5
	48	+	after the birth of the child, by: 6
	49	+	(1) As outlinedBecoming an acknowledged father as provided in § 25-6-1; or 7
	50	+	(2) By causing hisCausing the father's name to be affixed to the birth certificate as 8
	51	+	provided by § 34-25-13.2; or 9
	52	+	(3) Otherwise by commencing a judicial proceeding claiming a parental 10
	53	+	rightCommencing an action for paternity pursuant to chapter 25-8. 11
	54	+	A man who has sexual intercourse with a woman to whom the man is not married 12
	55	+	is deemed to be on notice that a child may be conceived as a result and is entitled to 13
	56	+	notice of an adoption proceeding or voluntary termination of parental rights proceeding 14
	57	+	only as provided in this chapter. It is the duty of the father to affirmatively assert and 15
	58	+	protect the father's rights and interest in the child. 16
	59	+	The mother has the right to not identify the father or any other potential father of 17
	60	+	the child to the court or to any other person in an adoption or voluntary termination of 18
	61	+	parental rights proceeding. No inquiry may be made into the sexual history of the mother 19
	62	+	in an adoption or voluntary termination of parental rights proceeding. The mother's failure 20
	63	+	to inform the father of the mother's pregnancy is not a defense to the father's failure to 21
	64	+	timely assert paternity as provided in this chapter. 22