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S.D. Codified Laws § 25-8-8

Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed

Applied in 1 court decision — leading case Estes v. Albers (1993)

Most recently applied in Estes v. Albers (August 1993)

Source: SDC 1939 & Supp 1960, § 37.2126; SL 1984, ch 190, § 8.

An agreement or compromise made by the mother or child or by some authorized person on their behalf, with the alleged father concerning the support of the child born out of wedlock is binding upon the mother and child only if adequate support is secured by payment, or otherwise, and if approved by a court having jurisdiction to compel support of the child.

The performance of the agreement, when approved, bars other remedies of the mother or child for the support of the child.

The approval by the court shall be entered by the court as a judgment of paternity and order for support, and the judgment and order are enforceable as provided by law. An agreement which does not meet the requirements of this statute is void.

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