34-25-16. Adoption information forwarded by clerk of courts.

Within ten days after the filing of every original, amended, or annulled decree of adoption, the clerk of courts shall forward to the department such information necessary to establish a new certificate of birth on a form prepared by the department.

Source: SL 1939, ch 168, § 12; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SL 1972, ch 194, § 17.

34-25-16.1. New birth certificate upon adoption of child born in state or foreign nation--Exception.

If the birth occurred in South Dakota, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. However, a new certificate of birth may not be prepared if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person.

If the birth occurred in a foreign nation and the adoption decree is entered in a court of this state, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. The birth certificate shall be prepared in accord with the facts as found and entered by the court. If the birth occurred in a foreign nation and the adoption was finalized in a foreign nation, any circuit court of this state may issue an order, ex parte and without hearing, directing that a new certificate of birth be issued upon filing the following documentation:

(1)    A certified copy of the adoption order from the foreign nation;

(2)    A certified translation of the adoption order if necessary;

(3)    Proof of the date and place of the child's birth;

(4)    Proof of IR-3 immigration status; and

(5)    Proof that each adopting person is a resident of this state.

The Department of Health shall issue a new certificate of birth in the new name of the child and the name of each adopting person upon receipt from the clerk of courts such information necessary to establish a new certificate of birth on a form prepared by the department.

The issuance of certificates pursuant to this section is conditioned upon the receipt of a fee based upon administrative cost as established by the department pursuant to chapter 1-26.

Source: SL 1939, ch 168, § 12; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SDCL § 34-25-16; SL 1972, ch 194, § 18; SL 1976, ch 221; SL 1978, ch 255, § 2; SL 1980, ch 238, § 25; SL 2007, ch 157, § 2; SL 2010, ch 176, § 1.

34-25-16.2. Birth certificate after adoption when birth unrecorded.

A new certificate of birth following adoption may be prepared for a person born in this state whose birth was not previously recorded, if the date and place of birth have been established in the adoption proceedings.

Source: SL 1972, ch 194, § 19.

34-25-16.3. Adoption information on child born out-of-state forwarded to state of birth.

When adoption information is received for a child born in another state, such information shall be forwarded to the appropriate registration authority in the state of birth.

Source: SL 1972, ch 194, § 20.

34-25-16.4. Sealing of original birth certificate and adoption information--Opening of sealed materials.

When a new certificate of birth is established pursuant to §§ 34-25-15 to 34-25-16.2, inclusive, the original certificate of birth together with the adoption information or other evidence upon which a new certificate is made must be sealed, filed, and may not be opened except by the secretary of health for purposes of properly administering the vital registration system, by the child or adoptee upon reaching age eighteen, or upon order of a court of competent jurisdiction.

Source: SL 1939, ch 168, § 12; SDC 1939, § 27.0218 as added by SL 1947, ch 121, § 2; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SDCL, §§ 34-25-15, 34-25-16; SL 1972, ch 194, § 21; SL 2023, ch 83, § 2.

34-25-16.5. Original birth certificate sealed or forwarded to department after new certificate issued.

When a new certificate of birth is established by the State Department of Health, all copies of the original certificate of birth in the custody of any local registrar in this state shall be sealed from inspection or forwarded to the State Department of Health, as directed.

Source: SL 1972, ch 194, § 22.

34-25-16.6. Copies of birth certificates.

County registers of deeds may issue, by computer generation, certified copies of birth certificates.

Source: SL 1993, ch 253, § 5.

34-25-16.7. Determining mother for birth certificate.

For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise determined by a court of law prior to the filing of the birth certificate.

Source: SL 1993, ch 253, § 10.

34-25-16.8. New birth certificate for certain crime victims--Sealing.

If a person obtains a court order for a name change under § 21-37-5.2 and requests a new certificate of birth, the person shall present a certified copy of the court order and the department shall issue a new certificate of birth. The original certificate, and any other evidence upon which a new certificate is made, must be sealed in accordance with the court order. The new certificate must not contain any evidence of a name change. The sealed records may only be opened by a court order based upon showing good cause or at the person's request.

Source: SL 2022, ch 59, § 2.