Legislative Milestone in South Dakota’s Surrogacy Landscape:
Gestational surrogacy is permitted in South Dakota, because no statute or case law prohibits it.
Surrogacy Contracts
Establish rights and obligations of every party.
Establish potential risks and complications.
Establish Surrogate’s compensation and other financial information.
Parental Rights
Pre-birth parental orders are usually granted to the Intended Parents, regardless of the marital status, sexual orientation or even genetic relation to the child. But any moment it can be changed due to legal uncertainty.
Legal Rights of Surrogates:
All the rights and obligations of a Surrogate are regulated by the legal agreement.
Who Can Benefit from Surrogacy in SD?
Single individuals
Heterosexual couples
Same-sex couples
Surrogacy Environment in South Dakota:
Despite the lack of explicit statutes, the prevailing practice within the state illustrates a surrogate-friendly environment with respect for diverse paths to parenthood.
Advantages of Surrogacy in SD
The surrogacy landscape in South Dakota is characterized by a permissive yet not explicitly regulated environment. Gestational surrogacy is acknowledged by the courts which, without statutory or case law to the contrary, typically grant pre-birth orders to establish legal parentage. This practice includes a variety of family structures, such as married and unmarried couples, both heterosexual and same-sex, as well as single individuals using their own or donor genetic material
