South Dakota: Access to OBCs and Non-ID
SOUTH DAKOTA
DENIES UNRESTRICTED ACCESS TO OBC (Court order required but petition likely to be granted.)
Who May Access Information
Citation: Ann. Code §§ 25-6-15.2; 25-6-15.3
Non-identifying information may be released to:
• The adoptive parent
• The adopted person who is age 18 or older
Identifying information may be released to:
•The adopted person
• The birth parents
Access to Original Birth Certificate
Citation: Ann. Code § 34-25-16.4
The original birth certificate is available upon order of the court. [It has been confirmed and supported by an official opinion of the South Dakota Attorney General that court adoption records are available for release to the adoptee upon petition to the court when the adoptee “reaches maturity.”]
Access to Non-identifying Information
Citation: Ann. Code § 25-6-15.2
Non-identifying information, if known, shall be made available to the adoptive parent or to the adopted person who is age 18 or older
upon written request and proper proof of identification. Information may be withheld only if would tend to identify a birth relative.
Non-identifying information includes:
• The age of the birth parents at the time of the child’s birth
• The heritage of the birth parents, including nationality, ethnic background, and race
• The number of years of school completed by the birth parents at the time of the child’s birth
• The general physical appearance of the birth parents at the time of the child’s birth in terms of height, weight, color of hair,
eyes, skin, and other information of a similar nature
• The talents, hobbies, and special interests of the birth parents
• The existence of any other children born to either birth parent before the child’s birth
• Whether the termination of parental rights was voluntary or involuntary
• The religion of the birth parents
• The occupations of the birth parents in general terms
• The health history of the birth parents and blood relatives
• The relationship between the birth parents
Mutual Access to Identifying Information
Citation: Ann. Code § 25-6-15.3
The Department of Social Services shall maintain a voluntary registry of adopted persons and birth parents who have presented a
consent regarding the release of identifying information about themselves. Any consent shall indicate to whom the information may
be released and whether the adopted person desires release of this identifying information after his or her death. A person who uses
this voluntary register may revoke his or her consent at any time.
Where the Information Can Be Located
South Dakota Department of Social Services, Adoption Registry