State of South Dakota
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EIGHTY-SEVENTH SESSION LEGISLATIVE ASSEMBLY, 2012 |
385T0713 | HOUSE BILL NO. 1255 |
Introduced by: Representatives Hunt, Brunner, Hansen (Jon), and Van Gerpen and Senator
Kraus
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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
Dakota;
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.