There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 34-25-13.1 — Husband\'s name entered on birth certificate--Father\'s name as determined inpaternity proceeding or by affidavits.
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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