South Dakota Safe Haven Law: What Parents Need to Know

South Dakota's safe haven law exists for one reason: to give parents in crisis a legal, anonymous option that protects a newborn's life. It's not the same as adoption — it's an emergency provision that removes the immediate danger and lets the child welfare system take over from there.

This guide covers how the law actually works, who it applies to, and what happens to a surrendered child.

What the Safe Haven Law Allows

Under SDCL §§ 25-5A-27 through 25-5A-35, South Dakota law allows a parent to voluntarily leave an infant younger than 60 days with an authorized safe haven entity without criminal prosecution for abandonment, provided:

• The infant is younger than 60 days
• The infant has not been harmed
• The surrender is voluntary

The key protection the law provides is anonymity. A person surrendering a newborn to a safe haven is not required to provide their name, identification, or any information about themselves or the child's father. The surrender is protected from prosecution for abandonment.

Where You Can Surrender a Newborn in South Dakota

South Dakota designates the following authorized safe haven entities:

• Hospitals or clinics
• Law enforcement officers
• Licensed child-placing agencies
• Any DSS office
• Emergency medical technicians
• Firefighters

An authorized provider or agency must receive an eligible infant. Staff may ask for medical-history information, but cannot require the parent's name, the other parent's name, or other identifying information.

What Happens After a Surrender

Once an infant is surrendered to a safe haven entity, the provider or agency must notify the South Dakota Department of Social Services. DSS's child protection services or a licensed child-placing agency receives custody and initiates the process of finding a permanent home.

The parent who released the infant has parental rights terminated after 14 days. The other parent may file to seek custody and has 30 days to prove parentage and that they did not consent to relinquishing custody.

If no other parent comes forward and 60 days have passed, the circuit court holds a hearing to terminate all parental rights. The child can then proceed through the DSS adoption system.

The 60-Day Age Limit

South Dakota's safe-haven age limit is an infant younger than 60 days. The statutory window applies only when the infant has not been harmed.

If a parent is in a crisis situation with a child older than 60 days, they cannot use the safe haven law, but they can contact the South Dakota DSS directly to discuss voluntary placement options. DSS has intake processes for parents who cannot safely care for a child and want to voluntarily place them in protective care.

Anonymous Surrender and Medical History

Surrendering parents are encouraged — but never required — to provide medical history information about the child. This information helps the child receive appropriate medical care and becomes part of the child's records, which can be accessed in limited circumstances as the child grows.

If a surrendering parent wants to provide this information but remain anonymous, the safe haven staff can take written information without collecting identifying details about the person providing it.

Can a Birth Parent Change Their Mind?

The parent who released the infant has parental rights terminated after 14 days. The other parent has 30 days to prove parentage and that they did not consent to relinquishing custody; if no other parent comes forward and 60 days pass, the circuit court holds a hearing to terminate all parental rights.

Safe Haven vs. Adoption Planning

Safe haven surrender and voluntary adoption planning are different processes with different protections. Safe haven is an emergency option — it's for parents in crisis who cannot safely plan ahead. Voluntary adoption through an agency or independent attorney involves counseling, discussion of options, and a formal consent process that the birth parent participates in with more agency and information.

If a parent is pregnant and considering adoption, contacting a licensed adoption agency or adoption attorney before birth typically leads to a better outcome for all parties: the birth parent receives counseling and support, the child can be placed directly with an identified adoptive family, and the legal process is more structured.

Lutheran Social Services of South Dakota and Catholic Social Services both provide pregnancy counseling and options counseling for birth parents at no charge. The DSS can also connect parents with resources.

For Families Seeking to Adopt a Safe Haven Child

Children surrendered through safe haven are placed through the DSS adoption system. They become part of the pool of children available for adoption after parental rights are formally resolved. If you're a prospective adoptive family hoping to adopt an infant through DSS, working with a DSS caseworker and getting approved as a foster/adoptive home is the pathway — you cannot specifically request a safe haven child, but being an approved placement household means DSS can contact you when a match is appropriate.

The South Dakota Adoption Process Guide covers the DSS foster care and adoption process in detail, including how to pursue infant adoption through the state system.

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