Surrogacy Laws in South Dakota
- Is South Dakota a surrogate friendly state: Yes.
- Can Parent(s) obtain a birth order without an adoption: Yes.
- Can birth order be obtained without a genetic connection to Child: Yes.
Summary of South Dakota Surrogacy Law
In South Dakota, there is no statute regarding surrogacy to either make it enforceable or unenforceable. Surrogacy is routinely done in South Dakota by pre-birth order to identify the intended parent(s) on the child’s birth certificate. Note, a new state statute makes it illegal to include a liquidated damages provision in any agreement (including a gestational carrier agreement) in which a pregnant woman would be subject to liquidated damages (coercion) for refusing to undergo a termination of pregnancy when requested by the parents.