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44:09:05:05Amendment of given names on birth certificates

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

within the first year. Until the registrant's first birthday, any given name may be amended by an affidavit signed by both parents or by one of the following: (1) The mother in the case of a child born out of wedlock; (2) The father in the case of the death or incapacity of the mother; (3) The mother in the case of the death or incapacity of the father; or (4) The guardian having legal custody of the registrant. After the first birthday, documentary evidence shall be submitted to substantiate the amendment.

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

General Authority

  • SDCL 34-25-51
    Amended by HB1260 (2025) — Require that birth certificates and certain official documents reflect biologica
    Amended by HB1076 (2021) — require that birth certificates reflect biological sex.

Law Implemented

  • SDCL 34-25-51
    Amended by HB1260 (2025) — Require that birth certificates and certain official documents reflect biologica
    Amended by HB1076 (2021) — require that birth certificates reflect biological sex.