Introduced by: Representatives Gosch, Blake, Deelstra, Dennert, Elliott, Hickey, Lucas,
Magstadt, Novstrup (David), Romkema, Solum, Tulson, and Turbiville and
Senators Nygaard, Begalka, Juhnke, Rave, Sutton, and Tieszen
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FOR AN ACT ENTITLED, An Act to grant discretion to the court with regard to personal
appearances in certain adoption appearances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-6-12 be amended to read as follows:
25-6-12. Before the hearing on a petition for adoption, the person adopting a child, the child
adopted, and the other persons whose consent is necessary, shall execute their consent in
writing, and the person adopting shall execute an agreement to the effect that the child adopted
shall be treated in all respects as his
or her own. The consent forms and the agreement of the
person adopting shall be filed with the court. At the time of the hearing on the petition, the
person adopting a child and the child to be adopted shall appear in court
or by other means as
may be allowed by the court. All persons whose consent is necessary, except the child and the
person adopting the child,
unless a different means of appearance is allowed by the court, may
appear by a person filing with the court a power of attorney, or a guardian may appear on behalf
of the child, or a duly incorporated home or society for the care of dependent or neglected
children may by its authorized officer or agent, consent to the adoption of a child surrendered
to such home or society by a court of competent jurisdiction. The Department of Social Services
may appear in court and consent to the adoption of a child surrendered to it by any court of
competent jurisdiction, or, if the department has custody of a child by written agreement of a
parent or parents with power of attorney to consent to adoption, by the officer of the department
holding such power of attorney.