South Dakota Surrogacy Laws

There is no South Dakota case law or any state statute that prohibits would-be parents from practicing either gestational surrogacy or traditional surrogacy. As a result, both types of surrogacy are permitted and are practiced throughout South Dakota cities like Sioux Falls, Rapid City, and Aberdeen.

Laws Concerning Parentage Orders in South Dakota

South Dakota allows for its courts to grant pre-birth parentage orders; however, results may vary from one county to the next. In a county like Minnehaha County, where one of South Dakota’s fertility clinics is located, the courts there will have more experience in granting parentage orders. In a county like Emmons County, this process may be less practiced.

Egg and Sperm Donor Law in South Dakota

There is no statutory law governing the rights, interests, or obligations of South Dakota sperm donors, egg donors, or embryo donors for the purposes of assisted reproduction.

However, in a 1993 Supreme Court of South Dakota case that involved a mother seeking an increase in child support, the court acknowledged that, generally, anonymous semen donors are shielded from the obligations of parenthood and, likewise, the parent is protected against any parental rights the donor would try to assert Estes v. Albers (S.D. 1993).

South Dakota Stepparent and Second-Parent Adoption Law

State statute allows for a South Dakota stepparent to adopt their spouse’s child. The statute allows for any adult person to adopt any minor child who is ten years younger than the adoptee, unless that adoption is not in the best interest of the child (SDCL § 25-6-2.).  

Fertility Clinics in South Dakota

Speak with Baby Steps Surrogacy Center, Inc.

The professionals at Baby Steps Surrogacy Center, Inc. can change South Dakota surrogacy laws from an obstacle to an opportunity. We’re here to help you complete your family or help a family in need. When you’re ready, give us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.