South Dakota Surrogacy Law Overview

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South Dakota  - "Mount Rushmore State"
  1. Does CSP accept Surrogate Mothers who reside in this state?
     - Yes.

  2. Does CSP accept Intended Parents who reside in this state?
     - Yes.

  3. Is it legal for Intended Parents who are residents in this state to participate in surrogacy?
     - Yes.   

  4. Has CSP helped Intended Parents who reside in this state finalize their parental rights?
     - Yes.   

  5. If a surrogate mother delivers in this state, can the Intended Parents have their names on their child's birth certificate?
     - Yes.  Intended Father can have name on birth certificate through paternity action. Step-Parent Adoption to amend birth certificate is required for Intended Mother once Intended Parents return home. 

  6. Can a same-sex couple legally do surrogacy?
     - Yes.     

Counselors for this state:

  • Kim Nadler, MFCC

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.