HB 1174 South Dakota House · 2025 Regular Session

revise certain provisions related to the rights and obligations of a father of a child born to an unmarried mother.

HB 1174 modifies South Dakota laws governing the legal rights and responsibilities of fathers of children born to unmarried mothers. The bill updates provisions related to paternity establishment, custody, and support obligations to align with current legal standards. It directly affects unmarried fathers, mothers, and the children involved in these family situations. The legislation aims to clarify existing procedures without changing the fundamental requirement that fathers must establish paternity to gain legal standing.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

House Passage

Mar 2025

Senate Passage

Mar 2025

Signed into Law

Mar 2025

Introduced Jan 30, 2025 Signed Mar 31, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 4 edits · Mar 10, 2025

MODERATE

This bill revises South Dakota law regarding the rights and obligations of fathers of children born to unmarried mothers. It clarifies how a father can become an acknowledged father through specific actions and establishes when fathers must assert their rights to receive notice in adoption or termination of parental rights proceedings.

Scope change

The bill applies to all children born to unmarried mothers in South Dakota, clarifying the legal process for establishing paternity and father's rights.

REQUIREMENT

Changed the requirements for a father to become an acknowledged father from three separate actions to a clearer three-part test involving holding out the child, financial support, or daily supervision.

Added protection for mothers' privacy by stating they have the right not to identify potential fathers and that inquiries into sexual history are prohibited in adoption proceedings.

ELIGIBILITY

Established that unmarried fathers have no right to notice in adoption or termination proceedings unless they affirmatively assert paternity within 15 days of birth through specific actions.

TIMELINE

Set a 15-day deadline for fathers to affirmatively assert paternity after birth to maintain rights to notice in legal proceedings.

Floor votes · Senate Mar 6, 2025 · House Feb 20, 2025

How they voted

33–1

Passed · 1 other

Total votes 35

Mar 6, 2025

D Democratic3

2 Yea 1 Nay

66% Yea

R Republican32

31 Yea 1

96% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 31, 2025

Signed into law

Signed by the Governor on 2025-03-31 H.J. 552

executive

Mar 11, 2025

Lower · Passed

Signed by the President S.J. 512

lower

Mar 10, 2025

Lower · Passed

Signed by the Speaker H.J. 510

lower

Mar 6, 2025

Lower · Passed

Senate Do Pass , Passed, YEAS 33, NAYS 1 S.J. 472

lower

Mar 5, 2025

Lower · Passed

Senate Deferred to another day , Passed, S.J. 452

lower

Mar 4, 2025

Lower · Passed

Judiciary Do Pass , Passed, YEAS 6, NAYS 0

lower

Feb 24, 2025

Committee

Referred to S.J. 354

lower

Feb 20, 2025

Lower · Passed

House of Representatives Do Pass , Passed, YEAS 65, NAYS 5 H.J. 346

lower

Feb 19, 2025

Lower · Passed

Judiciary Do Pass , Passed, YEAS 13, NAYS 0

lower

Feb 3, 2025

Committee

Referred to H.J. 171

lower

5 primary · 0 co-sponsors