Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
To qualify as an adoptive applicant: (1) The applicant must be at least nineteen years of age and reside in South Dakota; (2) No member of the applicant's household who is eighteen years of age or older, other than a child placed in the home for foster care, may have on record a substantiated report of child abuse or neglect; (3) No member of the applicant's household may have a conviction for any crime specified in § 67:14:32:05.05; (4) The applicant must have income to meet the needs of the applicant's existing family and to support, care for, and educate an adopted child; (5) The applicant's children, if any, must be willing to accept an adopted child as a member of the family; (6) The applicant's family composition, needs, and relationships may not adversely affect an adopted child; (7) The applicant must have the ability to parent an adopted child, which includes a basic understanding of the child's physical and mental or emotional development and the ability to fulfill the child's needs; (8) The applicant must have the ability to offer continuing care and guidance to an adopted child throughout the stages of the child's development in a manner consistent with the social and cultural heritage norms of the child; (9) The applicant must be able to continue meeting the needs of the applicant's own children, if any; and (10) The applicant must display the capacity to provide good care a child. The department may require a psychological evaluation and the submission of medical records if questions arise during the application process regarding the applicant's emotional stability or the emotional stability of another household member.
Source: 2 SDR 62, effective April 5, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 72, effective December 14, 1982; 17 SDR 157, effective April 23, 1991; 21 SDR 206, effective June 4, 1995; 35 SDR 187, effective February 11, 2009; 47 SDR 24, effective September 10, 2020; 51 SDR 127, effective June 1, 2025.