State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|385T0713||HOUSE BILL NO. 1255|
Introduced by: Representatives Hunt, Brunner, Hansen (Jon), and Van Gerpen and Senator Kraus
payment or reimbursement of medical and hospital expenses to birth mother or
prospective birth mother permissible under the adoption statutes of the State of South
and a Class 4 felony for any subsequent offense.
Section 6. If a matter involving a licensed professional is referred to a licensing board, there is a rebuttable presumption that any conduct which violates section 5 of this Act constitutes unprofessional conduct.
Section 7. The provisions of section 5 of this Act do not apply to the fees or services of any approved agency in connection with a placement for adoption, nor do such provisions apply to the payment or reimbursement of medical, hospital, or other similar expenses incurred in connection with the birth or any illness of the child, or to the acceptance of such reimbursement by a parent of the child.
Section 8. Any birth mother who determines that she does not wish to relinquish her parental rights pursuant to the terms of a surrogacy arrangement shall execute a signed writing of her decision and shall deliver the writing to the intended parents within six months of giving birth. In any dispute between the parties concerning custody of a child born pursuant to a surrogacy arrangement, the birth mother is entitled to physical custody of the child until the court determines final custody, unless the court determines by clear and convincing evidence that the birth mother is unfit.
Section 9. In determining final custody of a child born pursuant to a surrogacy arrangement, there is a rebuttable presumption that it is in the best interest of the child for custody to be awarded to the birth mother unless she is unwilling or unable to assume custody. The rebuttable presumption created by this section may be overcome by clear and convincing evidence that it is not in the best interest of the child for an award of custody to be made to the birth mother.
Section 10. An award of custody does not affect the obligation of the noncustodial parent in a surrogacy arrangement to provide child support. A noncustodial parent is entitled to visitation with any child born pursuant to a surrogacy parent agreement to which the
noncustodial parent was a party. If neither of the intended rearing parents or the birth mother
are willing or able to assume custody of the child, the child shall be placed for adoption.
Section 11. If a disputed surrogacy arrangement is within the jurisdiction of the South Dakota courts and involves citizens of or contracts with the State of South Dakota and one or more other states, South Dakota law applies.
Section 12. If any provision of this Act is found to be unconstitutional or its enforcement temporarily or permanently restrained or enjoined by judicial order, the provision is severable.