§ 34-25-13.1 Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.

SD Codified L § 34-25-13.1 (2019) (N/A)

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34-25-13.1. Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits. If the mother was married at the time of conception or birth, or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless:

(1) Paternity has otherwise been determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered;

(2) The mother and the mother's husband execute joint or separate affidavits attesting that the husband is not the father of the child, in which case information about the father shall be omitted from the certificate; or

(3) The mother executes an affidavit attesting that her husband is not the biological father and providing the name of the alleged biological father, the husband executes an affidavit attesting that he is not the biological father, and the alleged biological father executes an affidavit attesting that he is the biological father, then the attesting biological father shall be shown as the father on the certificate.

Affidavits may be joint or individual, and each signature shall be individually notarized.

Source: SL 1972, ch 194, § 11; SL 1993, ch 253, § 2; SL 1997, ch 205, § 3.

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§ 34-25-10 to 34-25-13. Repealed.

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§ 34-25-13.2 Parents' consent or judicial determination required to name father in birth certificate when mother unmarried.