§ 25-6-1. Adoption of illegitimate child by acknowledgment and conduct of father - Legitimation from birth.

Statute text

The father of an illegitimate child by publicly acknowledging it as his own, receiving it as such into his family, with the consent of his wife if he is married and otherwise treating it as if it were a legitimate child, thereby adopts it as such, and such child is thereupon deemed for all purposes legitimate from the time of its birth. The other provisions of law relating to adoption shall not apply in such cases.

History

Source: CivC 1877, § 116; CL 1887, § 2631; RCivC 1903, § 138; RC 1919, § 211; SDC 1939, § 14.0408.

See Cal Civ Code, § 230.

§ 25-6-1.1. Father of illegitimate child not entitled to notice unless acknowledged.

Statute text

Notwithstanding any other provision of law or court rule the father of an illegitimate child shall, as a requirement of due process, have no rights to the service of process in adoption, dependency, delinquency, or termination of parental rights proceedings unless he is known and identified by the mother or unless he, prior to the entry of a final order, in any of the three proceedings, shall have acknowledged the child as his own by affirmatively asserting paternity, within sixty days after the birth of the child,

(1) As outlined in § 25-6-1, or

(2) By causing his name to be affixed to the birth certificate as provided by § 34-25-13.2, or

(3) Otherwise by commencing a judicial proceeding claiming a parental right.

History

Source: SL 1974, ch 176.

§ 25-6-2. Adoption of minor child permitted - Minimum difference in ages - Best interests of child.

Statute text

Any minor child may be adopted by any adult person. However, the person adopting the child must be at least ten years older than the person adopted.

In an adoption proceeding or in any proceeding that challenges an order of adoption or order terminating parental rights, the court shall give due consideration to the interests of the parties to the proceedings, but shall give paramount consideration to the best interests of the child.

History

Source: CivC 1877, §§ 107, 108; CL 1887, §§ 2622, 2623; SL 1897, ch 7, § 2; RCivC 1903, §§ 128, 129;

§ 25-6-1.1. Father of illegitimate child not entitled to notice unless acknowledged.

Statute text

Notwithstanding any other provision of law or court rule the father of an illegitimate child shall, as a requirement of due process, have no rights to the service of process in adoption, dependency, delinquency, or termination of parental rights proceedings unless he is known and identified by the mother or unless he, prior to the entry of a final order, in any of the three proceedings, shall have acknowledged the child as his own by affirmatively asserting paternity, within sixty days after the birth of the child,

(1) As outlined in § 25-6-1, or

(2) By causing his name to be affixed to the birth certificate as provided by § 34-25-13.2, or

(3) Otherwise by commencing a judicial proceeding claiming a parental right.

History

Source: SL 1974, ch 176.

§ 25-6-2. Adoption of minor child permitted - Minimum difference in ages - Best interests of child.

Statute text

Any minor child may be adopted by any adult person. However, the person adopting the child must be at least ten years older than the person adopted.

In an adoption proceeding or in any proceeding that challenges an order of adoption or order terminating parental rights, the court shall give due consideration to the interests of the parties to the proceedings, but shall give paramount consideration to the best interests of the child.

History

Source: CivC 1877, §§ 107, 108; CL 1887, §§ 2622, 2623; SL 1897, ch 7, § 2; RCivC 1903, §§ 128, 129; RC 1919, §§ 201, 202; SDC 1939, § 14.0401; 1994, ch 199.

See Cal Civ Code, §§ 221, 223.

§ 25-6-3. Consent of spouse required for adoption.

Statute text

A married man not lawfully separated from his wife cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife not consenting is capable of giving such consent.

History

Source: CivC 1877, § 109; CL 1887, § 2624; SL 1897, ch 7, § 3; RCivC 1903, § 130; RC 1919, § 203; SDC 1939, § 14.0402. RC 1919, §§ 201, 202; SDC 1939, § 14.0401; 1994, ch 199.

---

POLICY AND PRACTICE

putative father registries | open records and voluntary ragistries | state registries