reglab/housing_qa huggingface dataset:
SD Codified L § 25-8-7.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-7.1 - Court ordered testing for paternity--Filing of results.

25-8-7.1. Court ordered testing for paternity--Filing of results.In any action or proceeding in which the parentage of a child is at issue, including disestablishment proceedings pursuant to §25-8-64, upon motion of the court, the department, or any of the interested parties, the court shall, for good cause shown, order the mother, the child, or any alleged father to submit to an examination of blood, tissue, or other bodily substances for the purpose of testing any genetic systems that are generally accepted within the scientific community for the conclusive determination of paternity probability. The results of the tests, together with the opinions and conclusions of the testing laboratory, shall be filed with the court. Upon written agreement of the mother and any presumed or alleged father, tests may be conducted prior to filing of an action. If the action is then filed, the test results shall be filed with the court and admitted into evidence as provided in §25-8-7.3. Source: SL 1989, ch 221, §1; SL 1994, ch 204, §13; SL 2001, ch 135, §1; SL 2013, ch 119, §15.
SD Codified L § 25-8-7.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-7.2 - Persons authorized to perform test--Liability.

25-8-7.2. Persons authorized to perform test--Liability.Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist, acting under court order, or at the request of both the mother and any alleged father of the child, may withdraw blood for the purpose of testing genetic systems to determine parentage. Tissue, saliva, or other bodily substances may be withdrawn, by a qualified person, acting under court order, or at the request of both the mother and any alleged father of the child, using a noninvasive procedure, for the purpose of testing genetic systems to determine parentage. No person, and no entity, hospital, or laboratory employing such person, is liable for damages to the party from whom the blood, tissue, or other bodily substance is withdrawn, if the withdrawal is administered with usual and ordinary care. Source: SL 1989, ch 221, §2; SL 1994, ch 204, §14; SL 2001, ch 135, §2.
SD Codified L § 25-8-7.3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-7.3 - Test results--Documentation--Filing objections to admissibility.

25-8-7.3. Test results--Documentation--Filing objections to admissibility.The chain of custody of the blood, tissue, or other bodily substance taken under §§25-8-7.1 and 25-8-7.2 may be established through certified documentation of the change of custody if such documentation was made at or near the time of the change of custody, if it was made in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the documentation. Any objections to the admissibility of the genetic test results shall be made in writing and filed with the court at least twenty days prior to any trial or hearing to establish paternity. If written objections are not filed with the court, the genetic test results are admissible as evidence of paternity without further testimony regarding foundation, accuracy, or authenticity. Source: SL 1989, ch 221, §3; SL 1994, ch 204, §15.
SD Codified L § 25-8-8 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-8 - Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed.

25-8-8. Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed.An agreement or compromise made by the mother or child or by some authorized person on their behalf, with the alleged father concerning the support of the child born out of wedlock is binding upon the mother and child only if adequate support is secured by payment, or otherwise, and if approved by a court having jurisdiction to compel support of the child.The performance of the agreement, when approved, bars other remedies of the mother or child for the support of the child.The approval by the court shall be entered by the court as a judgment of paternity and order for support, and the judgment and order are enforceable as provided by law. An agreement which does not meet the requirements of this statute is void. Source: SDC 1939 & Supp 1960, §37.2126; SL 1984, ch 190, §8.
SD Codified L § 25-8-9 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-9 - Time for bringing proceedings.

25-8-9. Time for bringing proceedings.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. Source: SDC 1939 & Supp 1960, §37.2131; SL 1983, ch 207, §2; SL 1986, ch 218, §57; SL 1989, ch 222; SL 2013, ch 119, §16.
SD Codified L § 25-8-12 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-12 - Time of institution of proceeding--Trial deferred until birth.

25-8-12. Time of institution of proceeding--Trial deferred until birth.The proceeding to determine paternity may be instituted during the pregnancy of the mother or after the birth of the child. Except with the consent of the person alleged to be the father, the trial may not be had until after the birth of the child. Source: SDC 1939 & Supp 1960, §37.2108; SL 1984, ch 190, §11.
SD Codified L § 25-8-46 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-46 - Terminology used in records of children born out of wedlock.

25-8-46. Terminology used in records of children born out of wedlock.In all records, certificates, or other papers hereafter made or executed, other than birth records and certificates or records of judicial proceedings in which the question of birth out of wedlock is at issue, requiring a declaration by or notice to the mother of a child born out of wedlock or otherwise requiring a reference to the relation of a mother to such a child, it shall be sufficient for all purposes to refer to the mother as the parent having the sole custody of the child or to the child as being in the sole custody of the mother, and no explicit reference shall be made to illegitimacy, and the term natural shall be deemed equivalent to the term illegitimate when referring to parentage or birth out of wedlock. Source: SDC 1939 & Supp 1960, §37.2134.
SD Codified L § 25-8-49 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-49 - Admission of paternity as prima facie evidence.

25-8-49. Admission of paternity as prima facie evidence.An admission by an alleged father of paternity of a child born out of wedlock, other than completion of an affidavit of paternity which creates a presumption of paternity as specified within this chapter, is prima facie evidence of paternity. Source: SL 1984, ch 190, §48; SL 1994, ch 204, §17.
SD Codified L § 25-8-50 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-50 - Voluntary hospital-based paternity establishment program.

25-8-50. Voluntary hospital-based paternity establishment program.Upon the birth of a child to an unmarried woman, and prior to discharge, any hospital, physician, health care provider, midwife, or nurse who assists in the birth of the child shall:(1)Provide an opportunity for the child's mother and alleged father to sign under oath an affidavit of paternity; and(2)Provide to the mother and to the alleged father, any necessary oral, video, audio, or written information furnished by the Department of Social Services which describes, among other things, the rights and responsibilities of parentage; the benefits of having the child's paternity established; the alleged father's legal rights and responsibilities, including his right to request genetic testing; the child's right to receive child support; that a signed affidavit of paternity creates a rebuttable presumption of paternity; that a signed affidavit of paternity allows the establishment of a support obligation without requiring further proceedings to establish paternity; and, that completion of the affidavit of paternity is voluntary and is not required of either the mother or the alleged father.If obtained, the fully completed, signed, and notarized original affidavit of paternity shall be forwarded to the Department of Health as provided in chapter 34-25 within seven days following the birth of the child. Source: SL 1994, ch 204, §1; SL 1997, ch 155, §32; SL 1998, ch 157, §10.
SD Codified L § 25-8-51 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-51 - Forwarding of affidavit of paternity to Department of Social Services.

25-8-51. Forwarding of affidavit of paternity to Department of Social Services.Notwithstanding §34-25-16.4, upon request from the Department of Social Services, the Department of Health shall forward to the Department of Social Services a copy of any affidavit of paternity on file with the Department of Health. Source: SL 1994, ch 204, §2.
SD Codified L § 25-8-52 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-52 - Rebuttable presumption of paternity--Signed and notarized affidavit.

25-8-52. Rebuttable presumption of paternity--Signed and notarized affidavit.A signed and notarized affidavit of paternity creates a rebuttable presumption of paternity, admissible as evidence of paternity, and allows the Department of Social Services to proceed to establish a support obligation in accordance with the provisions of §§25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity. Source: SL 1994, ch 204, §3.
SD Codified L § 25-8-53 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-53 - Reimbursement of reasonable costs for affidavit of paternity.

25-8-53. Reimbursement of reasonable costs for affidavit of paternity.The hospital, physician, health care provider, or nurse is entitled to reimbursement for all reasonable costs associated with obtaining the affidavit of paternity. The Department of Social Services shall establish by rules, promulgated pursuant to chapter 1-26, the amount of reasonable costs, which may not exceed the amount for which federal financial participation is available, and the procedures for claiming such reimbursement from the department. Source: SL 1994, ch 204, §4.
SD Codified L § 25-8-54 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-54 - Use of forms and information prescribed by department.

25-8-54. Use of forms and information prescribed by department.All hospitals, physicians, health care providers, certified nurse midwives, and nurses shall use all forms and written information as prescribed by the Department of Social Services. Source: SL 1994, ch 204, §5; SL 2017, ch 171, §50.
SD Codified L § 25-8-55 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-55 - Default judgment establishing paternity.

25-8-55. Default judgment establishing paternity.Any default judgment establishing paternity shall be obtained in accordance with the provisions of §15-6-55. Source: SL 1994, ch 204, §7.
SD Codified L § 25-8-56 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-56 - Judgment of paternity--Full faith and credit.

25-8-56. Judgment of paternity--Full faith and credit.Any judgment of paternity, whether established through a voluntary acknowledgment process, or established by a court or administrative entity of this state, or any other state or jurisdiction, is entitled full faith and credit in this state. Source: SL 1994, ch 204, §8.
SD Codified L § 25-8-57 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-57 - Rebuttable presumption of legitimacy.

25-8-57. Rebuttable presumption of legitimacy.Any child born in wedlock, or born within ten months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void, or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can only be disputed by the husband or wife, or a descendant of one or both of them, or a potential biological father of the child. The potential biological father has standing to file an action to rebut this presumption prior to obtaining genetic test results. The potential biological father may not rebut the presumption without genetic test results meeting the requirements of §25-8-58 establishing that he is the biological father of the child.This presumption may be specifically rebutted pursuant to §25-8-64. Source: SL 1994, ch 204, §9; SL 2013, ch 119, §17.
SD Codified L § 25-8-58 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-58 - Genetic test results.

25-8-58. Genetic test results.Genetic test results establishing a threshold probability of paternity of ninety-nine percent or more shall create a rebuttable presumption of paternity and allow the Department of Social Services to establish a support obligation in accordance with the provisions of §§25-7A-5 to 25-7A-8, inclusive, without requiring any further proceedings to establish paternity. Source: SL 1994, ch 204, §10.
SD Codified L § 25-8-59 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-59 - Actions contesting rebuttable presumption of paternity.

25-8-59. Actions contesting rebuttable presumption of paternity.Any action contesting a rebuttable presumption of paternity as established by §§25-8-50 to 25-8-58, inclusive, shall be commenced in circuit court either sixty days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings relating to the child including proceedings to establish a support obligation in accordance with §25-8-52, whichever occurs earlier, except in a case where there are allegations of fraud, duress, or material mistake of fact. In a case involving allegations of fraud, duress, or material mistake of fact, any action contesting a rebuttable presumption of paternity shall be commenced within three years after the creation of any presumption. The burden of proof shall be upon the moving party and the payment of child support, or any other legal responsibilities of the parties, may not be suspended during the pendency of the proceedings, except upon a showing of good cause by the moving party. This section does not apply to any proceeding under §25-8-64. Source: SL 1994, ch 204, §11; SL 1997, ch 155, §34; SL 1998, ch 157, §11; SL 2018, ch 163, §1.
SD Codified L § 25-8-60 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-60 - Circumstances where name of father appears with birth record for out of wedlock birth.

25-8-60. Circumstances where name of father appears with birth record for out of wedlock birth.In any out of wedlock birth, the name of the father shall be included within the birth record of the child only if the father and mother have signed an affidavit of paternity, or a court or administrative tribunal of competent jurisdiction has issued an order which adjudicates the paternity of the child. Source: SL 1997, ch 155, §33.
SD Codified L § 25-8-61 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-61 - Trial by jury prohibited in paternity action.

25-8-61. Trial by jury prohibited in paternity action.In any action to establish paternity within this state, trial by jury is not allowed. Source: SL 1997, ch 155, §35.
SD Codified L § 25-8-62 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-62 - Admissible medical billing evidence in paternity actions.

25-8-62. Admissible medical billing evidence in paternity actions.In any action to establish paternity, medical bills related to childbirth, pregnancy, or confinement expenses, and genetic testing bills shall be admissible as evidence without foundation testimony, and shall constitute prima facie evidence of the amounts incurred. Source: SL 1997, ch 155, §36.
SD Codified L § 25-8-63 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-63 - Filing affidavits or adjudications of paternity.

25-8-63. Filing affidavits or adjudications of paternity.Every affidavit or adjudication of paternity shall be filed with the Department of Health for comparison with information contained within the state case registry. Source: SL 1997, ch 155, §37.
SD Codified L § 25-8-64 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 08 - Paternity Proceedings|Section 25-8-64 - Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.

25-8-64. Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either exclude the presumed or legally determined father as the biological father of the child or establish another person as the biological father of the child by the standards set in §25-8-58. The court may under such circumstances set aside a presumption or prior determination of paternity if it finds that setting aside a presumption or prior determination of paternity is in the best interest of the child. The court may consider any of the following factors in determining the best interests of the child:(1)The length of time between the proceeding to adjudicate parentage and the time that the presumed or legally determined father was placed on notice that he might not be the genetic father;(2)The length of time during which the presumed or legally determined father has assumed the role of father of the child;(3)The facts surrounding the presumed or legally determined father's discovery of his possible nonpaternity;(4)The nature of the relationship between the child and the presumed or legally determined father;(5)The age of the child;(6)The harm or benefit that may result to the child if the presumed or legally determined paternity is successfully disproved;(7)The nature of the relationship between the child and any presumed or legally determined father;(8)The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and(9)Any additional factors deemed by the court to be relevant to its determination of the best interest of the child. Source: SL 2013, ch 119, §18.
SD Codified L § 25-9C-101 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-101 - Short title.

25-9C-101. Short title.This chapter may be cited as the Uniform Interstate Family Support Act. Source: SL 2015, ch 148, §101.
SD Codified L § 25-9C-103 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-103 - State tribunals and support enforcement agency.

25-9C-103. State tribunals and support enforcement agency.(a) The Department of Social Services and the Unified Judicial System are the tribunals of this state.(b) The Department of Social Services is the support enforcement agency of this state. Source: SL 2015, ch 148, §103.
SD Codified L § 25-9C-104 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-104 - Remedies cumulative.

25-9C-104. Remedies cumulative.(a) Remedies provided pursuant to this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.(b) The provisions of this chapter do not:(1)Provide the exclusive method of establishing or enforcing a support order under the law of this state; or(2)Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding pursuant to this chapter. Source: SL 2015, ch 148, §104.
SD Codified L § 25-9C-105 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-105 - Application to resident of foreign country and foreign support proceeding.

25-9C-105. Application to resident of foreign country and foreign support proceeding.(a) A tribunal of this state shall apply Articles 1 to 6, inclusive, and, as applicable, Article 7, to a support proceeding involving:(1)A foreign support order;(2)A foreign tribunal; or(3)An obligee, obligor, or child residing in a foreign country.(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 to 6, inclusive.(c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 to 6, inclusive, Article 7 controls. Source: SL 2015, ch 148, §105.
SD Codified L § 25-9C-201 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-201 - Bases for jurisdiction over nonresident.

25-9C-201. Bases for jurisdiction over nonresident.(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:(1)The individual is personally served with notice within this state;(2)The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;(3)The individual resided with the child in this state;(4)The individual resided in this state and provided prenatal expenses or support for the child;(5)The child resides in this state as a result of the acts or directives of the individual;(6)The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;(7)The individual asserted parentage of a child in the child support case registry maintained in this state by the Department of Social Services; or(8)There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of §25-9C-611 are met, or, in the case of a foreign support order, unless the requirements of §25-9C-615 are met. Source: SL 2015, ch 148, §201.