A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent.
S.D. Codified Laws § 25-6-3
Consent of spouse required for adoption
Applied in 1 court decision — leading case In Re the Adoption of a Child Known as D.M. (2006)
Most recently applied in In Re the Adoption of a Child Known as D.M. (February 2006)
Source: SDC 1939, § 14.0402.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.