South Dakota Surrogacy Laws
Stance of Courts Toward Surrogacy
No specific statutes or published case law permitting or prohibiting surrogacy; considered legal.
Intended Parents Marital Status / Establishing Parentage
Pre-birth orders are generally granted, even for intended parents without a genetic connection. Post-birth adoptions are also available for South Dakota residents.
Money Permitted?
Yes – no laws specify compensation for a surrogate.
Summary of Law
Surrogacy is practiced, with courts determining parentage on a case-by-case basis.
Cases, Additional Info
SDCL Section 22-17-14 makes it a crime for any person who “(1) coerces, compels, or attempts to compel a pregnant woman to undergo an abortion; (2) Requires a pregnant woman to agree to a provision that if she refuses to undergo an abortion, it is a breach of a contract; or (3) Requires a pregnant woman to agree to a provision that results in her assuming any cost, obligation, or responsibility for refusing to undergo an abortion.” Therefore, parties to a gestational carrier arrangement should ensure that no provision of their agreement would be deemed to violate this statute.”