How to Establish Paternity in South Dakota
Reviewed by DocDraft Legal Team · South Dakota · Last updated 2026-09-12
In South Dakota, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and visitation, health coverage, inheritance, and benefits. There are two main paths. Unmarried parents who agree can sign a notarized affidavit of paternity, which under SDCL 25-8-52 creates a rebuttable presumption of paternity and lets the Department of Social Services establish support without further proceedings. Either parent generally has 60 days to rescind under federal law, and after that window a signed acknowledgment can be challenged only for fraud, duress, or a material mistake of fact (42 U.S.C. 666(a)(5)). When parents do not agree, a circuit court decides paternity and can order genetic testing. South Dakota's load-bearing timing rule is a firm deadline: proceedings to establish or disestablish paternity may be brought at any time before the child's 18th birthday (SDCL 25-8-9). A child born in wedlock, or within ten months after the marriage ends, is presumed legitimate, a rebuttable presumption that only the husband, wife, a descendant, or a potential biological father may dispute, and only with genetic test results (SDCL 25-8-57). Those genetic tests establish a rebuttable presumption of paternity at a probability of 99 percent or more (SDCL 25-8-58). Attorney review of your situation is available through DocDraft.
Find out where you stand in South Dakota
Where are you in establishing paternity?
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How do I establish paternity in South Dakota?
There are two routes. Unmarried parents who agree can sign a notarized affidavit of paternity, which under SDCL 25-8-52 creates a rebuttable presumption and lets the Department of Social Services set support. If parents disagree, a circuit court decides paternity and can order genetic testing.
How long do I have to establish paternity in South Dakota?
South Dakota sets a firm deadline. Under SDCL 25-8-9, proceedings to establish or disestablish paternity may be brought at any time before the child's 18th birthday. Acting well before that date protects the child's rights to support, inheritance, and benefits.
What is the marital presumption of paternity in South Dakota?
Under SDCL 25-8-57, a child born in wedlock, or within ten months after the marriage ends, is presumed legitimate. Only the husband, wife, a descendant, or a potential biological father may dispute that rebuttable presumption, and it cannot be overturned without genetic test results meeting SDCL 25-8-58.
What genetic-testing result establishes paternity in South Dakota?
Under SDCL 25-8-58, genetic test results establishing a threshold probability of paternity of 99 percent or more create a rebuttable presumption of paternity. That presumption lets the Department of Social Services proceed to establish a support obligation without further paternity proceedings.
South Dakota paternity law at a glance
South Dakota lets unmarried parents establish paternity without court by signing a notarized affidavit of paternity; under SDCL 25-8-52 it creates a rebuttable presumption of paternity, which the Department of Social Services can use to set support without further proceedings. The state's defining feature is a clear deadline for court actions: proceedings to establish or disestablish paternity may be brought at any time before the child's 18th birthday (SDCL 25-8-9). A child born in wedlock, or within ten months after the marriage ends, is presumed legitimate, and only a narrow set of people, the husband, wife, a descendant, or a potential biological father, may dispute that presumption, and never without genetic test results (SDCL 25-8-57). Those tests create a rebuttable presumption of paternity at a probability of 99 percent or more (SDCL 25-8-58).
Establishing South Dakota paternity for a child born to unmarried parents
Imagine a child born in South Dakota to unmarried parents who agree on the father. At the hospital both sign a notarized affidavit of paternity, which under SDCL 25-8-52 creates a rebuttable presumption of paternity. If a parent reconsiders, either may rescind within 60 days (42 U.S.C. 666(a)(5)); after that it can be undone only for fraud, duress, or a material mistake. Had paternity been disputed, either could ask the circuit court to order genetic testing, where a probability of 99 percent or more creates a rebuttable presumption of paternity (SDCL 25-8-58). Because SDCL 25-8-9 lets a paternity action be brought any time before the child's 18th birthday, there is a window to act, but it closes at majority. Had the child been born in wedlock, only a narrow set of people could dispute legitimacy, and only with genetic tests (SDCL 25-8-57). Attorney review is available through DocDraft.
Relevant Laws
SDCL 25-8-9 (paternity action before the 18th birthday)
Provides that proceedings to establish or disestablish paternity and enforce the obligation of the father may be brought at any time before the eighteenth birthday of the child.
SDCL 25-8-52 (rebuttable presumption from a notarized affidavit)
Provides that a signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence, and allows the Department of Social Services to establish a support obligation without further proceedings to establish paternity.
SDCL 25-8-57 (presumption of legitimacy and who may dispute it)
Provides that a child born in wedlock, or within ten months after dissolution of the marriage, is presumed legitimate, and that this rebuttable presumption may be disputed only by the husband, wife, a descendant, or a potential biological father, and never without genetic test results meeting Section 25-8-58.
SDCL 25-8-58 (99 percent genetic-testing presumption)
Provides that genetic test results establishing a threshold probability of paternity of ninety-nine percent or more create a rebuttable presumption of paternity and allow the Department of Social Services to establish a support obligation.
42 U.S.C. 666(a)(5) (federal 60-day rescission of an acknowledgment)
Federal law requires states to give a signer at least 60 days to rescind a voluntary acknowledgment of paternity, after which it may be challenged only on the basis of fraud, duress, or material mistake of fact.
South Dakota Department of Social Services, Division of Child Support
The Division of Child Support helps parents establish paternity and set support orders, provides the voluntary paternity acknowledgment form, and can initiate a case to establish paternity and support.
Regional Variances
South Dakota paternity rules at a glance
Voluntary path and form
Unmarried parents establish paternity by signing a notarized affidavit of paternity, which under SDCL 25-8-52 creates a rebuttable presumption and lets the Department of Social Services set support without further proceedings.
Rescission window
Either parent generally may rescind a signed acknowledgment within 60 days under federal law (42 U.S.C. 666(a)(5)); after that it can be challenged only for fraud, duress, or material mistake.
Marital presumption
A child born in wedlock, or within ten months after the marriage ends, is presumed legitimate; only the husband, wife, a descendant, or a potential biological father may dispute it, and only with genetic tests (SDCL 25-8-57).
Deadline to establish
A proceeding to establish or disestablish paternity may be brought at any time before the child's 18th birthday (SDCL 25-8-9).
Genetic-testing threshold
Genetic test results establishing a probability of paternity of 99 percent or more create a rebuttable presumption of paternity (SDCL 25-8-58).
Who administers it
The Department of Social Services Division of Child Support helps establish paternity and support; contested cases are decided by the circuit court.
Suggested Compliance Checklist
Confirm whether the child was born in wedlock
Before signing or filing anything days after startingDetermine whether the child was born during a marriage or within ten months after it ended, which triggers South Dakota's presumption of legitimacy under SDCL 25-8-57. Only a narrow set of people may dispute it, and only with genetic test results.
Get genetic testing if biological parentage is uncertain
Before signing an affidavit days after startingIf there is any doubt about biological parentage, obtain genetic testing first. Under SDCL 25-8-58, results establishing a probability of paternity of 99 percent or more create a rebuttable presumption of paternity.
Sign the notarized affidavit of paternity
At the hospital or a child support office days after startingUnmarried parents who agree sign a notarized affidavit of paternity, which under SDCL 25-8-52 creates a rebuttable presumption and lets the Department of Social Services set support. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the 60-day rescission window
Within 60 days of signing days after startingIf you need to cancel a signed acknowledgment, rescind it within 60 days under federal law (42 U.S.C. 666(a)(5)). After that it can be challenged only for fraud, duress, or a material mistake of fact.
File a circuit court action before the child turns 18 if parents disagree
Before the child's 18th birthday days after startingIf parents do not agree, bring a proceeding to establish or disestablish paternity in circuit court, which can order genetic testing. Under SDCL 25-8-9 it must be brought before the child's 18th birthday.
Keep records of the affidavit, testing, and orders
Ongoing days after startingSave copies of the signed affidavit, any genetic-test results, and court papers, and calendar the 60-day rescission window and the deadline to file before the child turns 18 (SDCL 25-8-9) so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether the child was born in wedlock | Determine whether the child was born during a marriage or within ten months after it ended, which triggers South Dakota's presumption of legitimacy under SDCL 25-8-57. Only a narrow set of people may dispute it, and only with genetic test results. | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | If there is any doubt about biological parentage, obtain genetic testing first. Under SDCL 25-8-58, results establishing a probability of paternity of 99 percent or more create a rebuttable presumption of paternity. | - | Before signing an affidavit |
| Sign the notarized affidavit of paternity | Unmarried parents who agree sign a notarized affidavit of paternity, which under SDCL 25-8-52 creates a rebuttable presumption and lets the Department of Social Services set support. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a child support office |
| Track the 60-day rescission window | If you need to cancel a signed acknowledgment, rescind it within 60 days under federal law (42 U.S.C. 666(a)(5)). After that it can be challenged only for fraud, duress, or a material mistake of fact. | - | Within 60 days of signing |
| File a circuit court action before the child turns 18 if parents disagree | If parents do not agree, bring a proceeding to establish or disestablish paternity in circuit court, which can order genetic testing. Under SDCL 25-8-9 it must be brought before the child's 18th birthday. | - | Before the child's 18th birthday |
| Keep records of the affidavit, testing, and orders | Save copies of the signed affidavit, any genetic-test results, and court papers, and calendar the 60-day rescission window and the deadline to file before the child turns 18 (SDCL 25-8-9) so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in South Dakota means legally identifying a child's father so the child can receive support, custody and visitation, health coverage, inheritance, and benefits. It can be done by signing a notarized affidavit of paternity (SDCL 25-8-52) or through a circuit court action that determines the parent-child relationship.
Unmarried parents who agree can sign a notarized affidavit of paternity, which under SDCL 25-8-52 creates a rebuttable presumption and lets the Department of Social Services set support. If they disagree, either parent can ask the circuit court to determine paternity, and the court can order genetic testing.
It is a notarized form unmarried parents sign to establish paternity without going to court. Under SDCL 25-8-52 a signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence, and allows the Department of Social Services to establish a support obligation without further proceedings.
A child born in wedlock, or within ten months after the marriage ends, is presumed legitimate under SDCL 25-8-57. Only the husband, wife, a descendant, or a potential biological father may dispute that presumption, and it cannot be overturned without genetic test results meeting SDCL 25-8-58.
Yes. Under SDCL 25-8-9, proceedings to establish or disestablish paternity may be brought at any time before the child's 18th birthday, so the right to a court determination is lost once the child reaches majority. There is also a 60-day window to rescind a signed acknowledgment under federal law (42 U.S.C. 666(a)(5)).
Yes, within a limited window. Either parent generally may rescind a signed acknowledgment within 60 days under federal law (42 U.S.C. 666(a)(5)). After 60 days it can be challenged only on the grounds of fraud, duress, or a material mistake of fact, and a later genetic test alone may not be enough.
Under SDCL 25-8-58, genetic test results establishing a threshold probability of paternity of 99 percent or more create a rebuttable presumption of paternity. That presumption lets the Department of Social Services proceed to establish a support obligation without any further proceedings to establish paternity.
The South Dakota Department of Social Services, through its Division of Child Support, helps parents complete an affidavit of paternity and can open a case to establish paternity and support. When paternity is contested, a circuit court decides it and can order genetic testing.
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