Public-domain · open source

S.D. Codified Laws § 25-6-15

Access to court adoption records restricted--Notice of hearing to department or adoption agency--Disclosure not contested nor supported

Applied in 2 court decisions — leading case Alma Society Inc. v. Mellon (1979)

Most recently applied in Doe v. Nelson (May 2004)

Source: SL 1939, ch 168, § 11; SDC Supp 1960, § 55.3716; SL 1985, ch 208, § 4; SL 1986, ch 214, § 1; SL 1986, ch 215; SL 2023, ch 83, § 1.

The files and records of the court in an adoption proceeding are not open to inspection or copy except:

(1) By the parents by adoption and their attorneys, representatives of the Department of Social Services, and the child upon reaching age eighteen, upon written request and proper proof of identification; or

(2) Upon order of the court expressly permitting inspection or copy.

The court may not order disclosure of any matter appearing in adoption records unless the Department of Social Services or the licensed adoption agency has received notice of the petition for disclosure of such information and of the date fixed for hearing the petition. The Department of Social Services or the licensed adoption agency shall neither contest nor support the petition for disclosure during its hearing.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.