State Recognition of Intercountry Adoptions Finalized Abroad - South Dakota

Effect and Recognition of a Foreign Adoption Decree

Citation: Ann. Stat. § 25-6-25

Any order of adoption entered in compliance with the laws of another jurisdiction or nation shall have the same effect as an order for adoption entered in this State.

Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate

Citation: Ann. Laws § 34-25-16.1

If the birth occurred in a foreign nation, and the adoption decree is entered in a court of this State, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. The birth certificate shall be prepared in accord with the facts as found and entered by the court. If the birth occurred in a foreign nation and the adoption was finalized in a foreign nation, any circuit court of this State may issue an order, ex parte and without hearing, directing that a new certificate of birth be issued upon filing the following documentation:

• The adoption order from the foreign nation
• A certified translation of the adoption order, if necessary
• Proof of the date and place of the child's birth
• Proof of IR-3 immigration status
• Proof that each adopting person is a resident of this State

The Department of Health shall issue a new certificate of birth in the new name of the child and the name of each adopting person upon receipt from the clerk of courts such information necessary to establish a new certificate of birth on a form prepared by the department.