Adoption orders from foreign jurisdiction recognized.
ENTITLED, An Act to
provide for the recognition of certain adoption orders from foreign
jurisdictions and to provide for the issuance of birth certificates for certain inter-country
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended by adding thereto a NEW SECTION to read as
Any order of adoption entered in compliance with the laws of another jurisdiction or nation
shall have the same effect as an order for adoption entered in this state.
be amended to read as follows:
If the birth occurred in South Dakota, the
Department of Health shall issue
a new certificate of birth in the new name of the child and with the name of the adopting person,
except that a new certificate of birth may not be prepared if so requested by the court decreeing the
adoption, the adoptive parents, or the adopted person.
If the birth occurred in a foreign nation, and the adoption decree is entered in a court of this
Department of Health shall issue a new certificate of birth in the new name of the
child and with the name of the adopting person. The birth certificate shall be prepared in accord
with the facts as found and entered by the court.
If the birth occurred in a foreign nation and the
adoption was finalized in a foreign nation, any circuit court of this state may issue an order, ex
parte and without hearing, directing that a new certificate of birth be issued upon filing the
(1) The adoption order from the foreign nation;
(2) A certified translation of the adoption order if necessary;
(3) Proof of the date and place of the child's birth;
(4) Proof of IR-3 immigration status; and
(5) Proof that each adopting person is a resident of this state.
The Department of Health shall issue a new certificate of birth in the new name of the child and
the name of each adopting person upon receipt from the clerk of courts such information necessary
to establish a new certificate of birth on a form prepared by the department.
The issuance of certificates pursuant to this section is conditioned upon the receipt of a fee
based upon administrative cost as established by the department pursuant to chapter 1-26.
Signed March 20, 2007