PARENTAL CONSENT TO ADOPTION
State of South Dakota
TABLE OF CONTENTS
- Document Header.....................................................1
- Definitions........................................................2
- Operative Provisions...............................................3
- Representations & Warranties.......................................5
- Covenants & Restrictions...........................................6
- Default & Remedies.................................................7
- Risk Allocation....................................................7
- Dispute Resolution.................................................8
- General Provisions.................................................8
- Execution Block..................................................10
1. DOCUMENT HEADER
This Parental Consent to Adoption (the “Consent”) is executed as of [EFFECTIVE DATE] (the “Effective Date”) by the undersigned biological/legal parent (the “Relinquishing Parent”) in favor of the proposed adoptive placement of the minor child identified below (the “Child”) with [PROSPECTIVE ADOPTIVE PARENT(S) or LICENSED CHILD‐PLACEMENT AGENCY] (collectively, the “Adoptive Placement”).
WHEREAS, Chapter 25-6 of the South Dakota Codified Laws (“SDCL”) governs adoptions within the State of South Dakota; and
WHEREAS, SDCL requires that the duly executed, written consent of each person whose consent is necessary be filed with the court prior to entry of any final decree of adoption;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Relinquishing Parent executes this Consent on the terms set forth herein.
[// GUIDANCE: Recitals track statutory language while preserving flexibility. Customize to match case facts.]
2. DEFINITIONS
For purposes of this Consent, capitalized terms have the meanings given below:
“Agency” means a child-placement agency duly licensed under South Dakota law that is actively involved in the Adoptive Placement, if any.
“Child” means the minor child identified as:
• Name: [CHILD’S FULL LEGAL NAME]
• Date of Birth: [DOB]
• Place of Birth: [CITY/COUNTY, SOUTH DAKOTA]
“Consent Revocation Period” means the statutory period, currently [FIVE (5)] days after execution of this Consent, during which the Relinquishing Parent may revoke this Consent pursuant to SDCL [25-6-XX].
[// GUIDANCE: Confirm exact day count and citation before execution; statute subject to amendment.]
“Court” means the [NAME OF COUNTY] County Family Court for the State of South Dakota having jurisdiction over the adoption proceeding.
“Relinquishing Parent” means the individual executing this Consent who currently holds parental rights to the Child.
3. OPERATIVE PROVISIONS
3.1 Grant of Consent
3.1.1 The Relinquishing Parent hereby unconditionally and voluntarily consents to the Adoptive Placement and to the entry of a Decree of Adoption by the Court in favor of the Adoptive Parent(s).
3.1.2 This Consent is effective upon expiration of the Consent Revocation Period, subject only to the conditions precedent set forth in § 3.2.
3.2 Conditions Precedent
a. Execution of this Consent occurs no earlier than five (5) days following the Child’s birth, in compliance with SDCL requirements regarding timing of parental consents.
b. The Relinquishing Parent has attended—or has been offered and expressly declined—statutorily mandated counseling as confirmed in § 3.4.
c. Acknowledgment and waiver of the right to notice of any subsequent adoption hearings (see § 3.3).
3.3 Waiver of Further Notice
The Relinquishing Parent waives all further notice of (i) any hearings, (ii) petitions, and (iii) orders related to the adoption of the Child, except as otherwise required by SDCL.
3.4 Counseling Acknowledgment
The Relinquishing Parent acknowledges that:
i. They have been informed of the right to receive counseling regarding the emotional and legal consequences of adoption;
ii. Such counseling was provided by [LICENSED COUNSELOR/AGENCY] on [DATE], or was knowingly and voluntarily declined; and
iii. They were given written materials outlining available counseling resources.
[// GUIDANCE: Attach certificate of counseling if completed.]
3.5 Irrevocability Post-Revocation Period
Upon expiration of the Consent Revocation Period without timely written revocation delivered to the Court and the Agency (if any), this Consent becomes final, irrevocable, and binding, subject only to Court approval.
3.6 No Consideration
The Relinquishing Parent affirms that no compensation, remuneration, or thing of value has been requested, offered, or accepted in exchange for this Consent, other than pregnancy-related expenses expressly permitted by SDCL and approved by the Court.
3.7 Transfer of Parental Rights
Upon entry of the final Decree of Adoption, all legal and parental rights, duties, privileges, and obligations of the Relinquishing Parent with respect to the Child shall be permanently terminated.
4. REPRESENTATIONS & WARRANTIES
The Relinquishing Parent represents and warrants that:
4.1 Authority. They are the [BIOLOGICAL/LEGAL] parent of the Child and possess full legal authority to execute this Consent without the joinder or consent of any other individual, except as disclosed in Attachment A.
4.2 No Pending Litigation. No litigation, administrative proceeding, or restraining order exists that would affect the validity of this Consent or the Adoptive Placement.
4.3 Accuracy of Information. All information provided herein and in any attachments is true, complete, and correct to the best of their knowledge.
4.4 No Tribal Affiliation. The Child is not an “Indian child” as defined under the Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., or, if the Child is an Indian child, all requirements of that Act have been strictly followed (see Attachment B).
4.5 No Undue Influence. This Consent is executed voluntarily, free from coercion, duress, or undue influence.
[// GUIDANCE: Where ICWA applies, attach required notices and consents per federal statute.]
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. The Relinquishing Parent shall execute any additional documents reasonably requested to effectuate the Adoptive Placement or as required by the Court.
5.2 Confidentiality. The Relinquishing Parent shall maintain confidentiality regarding the identity of the Adoptive Parent(s) unless disclosure is authorized by the Court or mutually agreed in writing.
5.3 Non-Interference. The Relinquishing Parent shall not directly or indirectly interfere with the Adoptive Placement following expiration of the Consent Revocation Period.
6. DEFAULT & REMEDIES
6.1 Event of Default. Any false representation, material omission, or unauthorized revocation prior to the Decree of Adoption constitutes an “Event of Default.”
6.2 Notice & Cure. Upon written notice of an Event of Default, the Relinquishing Parent shall have three (3) business days to cure, failing which the Adoptive Parent(s) or Agency may seek immediate judicial relief.
6.3 Remedies. In addition to any statutory remedies, the non-defaulting parties may seek:
a. Specific performance compelling execution of supplemental documents;
b. Injunctive relief to preserve the Child’s placement pending resolution; and
c. Attorneys’ fees and costs incurred in enforcing this Consent.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable by mutual acknowledgement of the parties and pursuant to the nature of this family-law document.
7.2 Limitation of Liability. Not applicable.
7.3 Force Majeure. The parties acknowledge that force majeure doctrine is inapplicable; however, should a court determine impossibility/frustration of purpose, the Court retains authority to fashion equitable relief.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Consent is governed by and construed in accordance with the laws of the State of South Dakota, without regard to conflict-of-law principles.
8.2 Exclusive Forum. Any dispute arising under or relating to this Consent shall be filed exclusively in the [NAME OF COUNTY] County Family Court, State of South Dakota.
8.3 Arbitration. Arbitration is expressly unavailable for matters of adoption under SD law.
8.4 Jury Waiver. Jury trial is unavailable in South Dakota family court adoption proceedings.
8.5 Injunctive Relief. The Court retains full equitable authority, including issuance of permanent placement orders to safeguard the Child’s best interests.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Consent constitutes the entire agreement of the parties regarding the subject matter and supersedes all prior or contemporaneous verbal or written statements.
9.2 Amendments. No amendment or waiver of any provision shall be effective unless in writing and signed by the Relinquishing Parent and approved by the Court.
9.3 Severability. If any provision of this Consent is held invalid or unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.
9.4 Successors & Assigns. This Consent binds and inures to the benefit of the parties’ respective heirs, legal representatives, and permitted assigns.
9.5 Counterparts; Electronic Signatures. This Consent may be executed in multiple counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., via DocuSign®) and notarized pursuant to SDCL remote-notarization statutes shall be deemed valid.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Relinquishing Parent has executed this Consent as of the Effective Date.
10.1 Relinquishing Parent
[PRINT NAME], Relinquishing Parent
Date: _______
10.2 Adoption Agency Representative (if applicable)
[PRINT NAME & TITLE], on behalf of [AGENCY NAME]
Date: _______
[// GUIDANCE: If private/independent adoption, omit § 10.2.]
10.3 Notary Acknowledgment
State of South Dakota )
County of _______ ) ss.
On this ___ day of _, 20, before me, the undersigned notary public, personally appeared [RELINQUISHING PARENT], known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
Witness my hand and official seal.
Notary Public
My Commission Expires: ____
ATTACHMENT A
Disclosure of Other Individuals Whose Consent May Be Required
[If none, write “None.”]
ATTACHMENT B (Optional)
Indian Child Welfare Act Compliance Documentation
[Include tribal notices, consents, and return receipts, as applicable.]
[// GUIDANCE:
1. Verify all statutory citations (SDCL § 25-6) and the current Consent Revocation Period immediately prior to use.
2. Confirm whether any additional affidavits (e.g., medical or social history) are required by local practice.
3. File the executed Consent with the appropriate South Dakota family court pursuant to procedural rules.
4. Maintain strict confidentiality of this document to protect the Child’s privacy under SDCL.
]