A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence of paternity, and allows the Department of Social Services to proceed to establish a support obligation in accordance with the provisions of §§ 25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity.
S.D. Codified Laws § 25-8-52
Rebuttable presumption of paternity--Signed and notarized affidavit
Applied in 3 court decisions — leading case STATE EX REL. WERNKE v. Cortez (2010)
Most recently applied in DeBoer v. DeBoer (October 2012)
Source: SL 1994, ch 204, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.