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South Dakota Paternity Law

This page about South Dakota paternity laws is provided as general information only. Journey Genetic Testing does not provide legal advice or representation. We encourage you to research your state laws for the most current information, or contact a family law attorney.

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.

Required Probability of Paternity for South Dakota Courts: 99%
Required Paternity Index: None

Our legal testing and home paternity test kits are both 100% accurate. All testing done in AABB testing laboratories. For a list of locations where we provide an approved paternity test in the state of South Dakota, please click Paternity Testing In South Dakota.

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