Surrogacy Laws & Process in South Dakota
Understanding the Surrogacy Process in South Dakota
Every family-building journey begins with hope and a vision of what life will look like when a child joins the home. Surrogacy in South Dakota offers a pathway where that vision can become reality.
The state provides a supportive legal setting that recognizes the rights of intended parents and respects the important role of gestational carriers. With clear guidance available at each stage, intended parents can move forward with certainty and focus on preparing for their child.
Gestational carriers and egg donors go through careful medical and psychological screening to promote safe and healthy outcomes. Legal professionals, physicians, and surrogacy agencies work together to create a process that balances protection with flexibility. This unified approach makes South Dakota a favorable location for families who want a surrogacy journey built on trust and care.
Pre-Birth Parentage Orders in South Dakota: Legal Recognition Before Birth
South Dakota allows pre-birth parentage orders, an important safeguard for intended parents. These orders establish parental rights before delivery. Courts across the state typically grant them without requiring a hearing, which streamlines the process and minimizes stress.
Eligible families include:
- Married heterosexual couples use their own genetic material
- Married heterosexual couples using egg or sperm donors
- Unmarried heterosexual couples, with or without donors
- Same-sex couples using egg or sperm donors
- Single parents using their own egg or sperm
When no parent has a genetic connection, courts still grant pre-birth parentage orders for married couples, unmarried couples, same-sex couples, and single parents.
The outcome of these orders provides families with:
- Recognition as legal parents before the child’s birth
- Birth certificates that list intended parents instead of the gestational carrier
- Consistency across multiple counties within South Dakota
- Timely issuance of birth certificates, usually within 4–7 days after delivery
Birth certificates list “Parent and Parent” for same-sex couples. Also, international same-sex male couples can obtain an initial birth certificate naming the biological father and the gestational carrier. Then, it is followed by adoption proceedings to include the second parent.
Medical, Psychological, and Legal Requirements in South Dakota Surrogacy
Each surrogacy journey in South Dakota includes thorough medical and psychological evaluations. Fertility specialists oversee the medical screening process to confirm a gestational carrier’s readiness for pregnancy.
Psychological assessments provide additional assurance for the gestational carrier. They also confirm that intended parents are prepared for the emotional aspects of the process.
Attorneys draft and review agreements to address compensation, medical decisions, and parental rights. Adoption may be necessary for families when one intended parent does not share a genetic connection, particularly in cases involving international intended parents.
South Dakota law requires the adopting parent to live in the same household as the child for six months before finalizing the adoption. This makes it important to plan carefully based on family residence.
Traditional surrogacy is also permitted in South Dakota, although it remains less common. While a bill has been drafted to regulate surrogacy more broadly, it has not yet been introduced. This means intended parents must rely on existing practices supported by case history and the state’s adoption framework.
Explore the Carrying Dreams Surrogacy Heatmap
Families exploring surrogacy often compare laws across states to identify the best fit for their journey. The Carrying Dreams Surrogacy Heatmap highlights surrogacy-friendly regions across the United States. Gain insight into local requirements, parentage orders, and adoption rules.
If you have any inquiries about the South Dakota surrogacy law & process, feel free to contact ustoday.
