South Dakota has no restrictions on at-home paternity testing. Any South Dakota resident can order a kit, collect DNA samples at home, and mail them to a lab without state approval, a doctor's order, or any special paperwork. If you want a private answer about biological paternity, the door is open.
What makes South Dakota different is the framework underneath. South Dakota is one of the very few states that never adopted the Uniform Parentage Act in any version. Its paternity code, SDCL Chapter 25-8, is home-grown and predates the UPA framework used almost everywhere else. Two rules matter most in practice. First, a child born in wedlock or within 10 months after dissolution is presumed legitimate under SDCL § 25-8-57 — a full month longer than the 300-day rule most states apply. Second, once a paternity acknowledgment is signed, a challenger has 60 days to rescind and up to 3 years to raise fraud, duress, or material mistake of fact under SDCL § 25-8-50 — one of the more generous fraud windows in the country.
Below: how South Dakota law defines paternity, the Paternity Affidavit process, the 60-day and 3-year clocks, court-ordered testing, and where at-home DNA fits in.
How South Dakota Law Defines Paternity
South Dakota paternity law is codified at SDCL Chapter 25-8 — Paternity Proceedings. Unlike most states, South Dakota did not adopt the Uniform Parentage Act. Chapter 25-8 is its own code. If you are reading legal guides that describe UPA rules — presumed parents, adjudicated parents, gender-neutral parentage — those rules are not the South Dakota framework. South Dakota still uses the older "paternity" terminology and its own statutory timelines.
Marital presumption — the 10-month rule: Under SDCL § 25-8-57, a child born in wedlock, or within 10 months after dissolution of the marriage, is presumed legitimate. Most states use a 300-day rule. The statute's ten-month window is somewhat longer, which can matter for children conceived close to a divorce. The statute also limits who can dispute the presumption: only the husband, the wife, a descendant of one or both, or the potential biological father may bring a challenge.
Presumption from affidavit: Under SDCL § 25-8-52, a properly executed Paternity Affidavit creates a rebuttable presumption of paternity. Once filed with vital records, it carries legal weight similar to a court finding for support, custody, and inheritance purposes.
Presumption from DNA: Under SDCL § 25-8-7.1, when genetic testing shows at least a 99% probability of paternity, a rebuttable presumption is created. DSS may then establish support without a further paternity proceeding.
Who can bring a paternity action: Under Chapter 25-8, a paternity action may be commenced by the mother, the alleged father, the child, or DSS on behalf of the child. Proceedings run through circuit court or the DSS Division of Child Support administrative process depending on the case.
Voluntary Acknowledgment of Paternity in South Dakota
For unmarried parents who agree on who the father is, South Dakota provides the Paternity Affidavit. This is the simplest way to establish legal paternity without going to court.
The Paternity Affidavit is signed under oath before a notary and forwarded to the South Dakota Department of Health (DOH), Office of Vital Records, within 7 days of birth when signed at the hospital. Forms are available at hospitals, DSS offices, the Office of Vital Records, and county Register of Deeds offices.
Key details about South Dakota's Paternity Affidavit:
- Signed under oath and notarized. Both the mother and the alleged father must sign in front of a notary public. The notarization requirement sets South Dakota apart from states that accept witnessed signatures.
- Filed with Vital Records. Hospitals forward the affidavit to the DOH Office of Vital Records within 7 days of birth. Parents who sign later submit through DOH, DSS, or a Register of Deeds office.
- Establishes legal paternity. Under SDCL § 25-8-52, a properly executed affidavit creates a rebuttable presumption of paternity and allows the father's name to be added to the birth certificate.
- Creates a support basis. The acknowledged father becomes financially responsible and may be pursued for support by DSS.
- Signed voluntarily. Neither parent can be pressured or misled into signing. If those conditions exist, the affidavit is challengeable.
If you are being asked to sign a Paternity Affidavit and you are not certain about biological paternity, a private answer before you sign is the cheapest form of insurance. A home paternity test kit from US Diagnostics Center costs $79 and returns results within days. Home results are not admissible in South Dakota circuit court, but they give you an accurate biological answer before you put your name — under oath — on a document that becomes hard to unwind.
Rescinding or Challenging a Paternity Acknowledgment in South Dakota
The 60-Day Rescission Window
Under SDCL § 25-8-50, a signatory may rescind a Paternity Affidavit within 60 days after signing, or before the date of any administrative or judicial proceeding relating to the child in which the signatory is a party — whichever is earlier. If a child support case, custody case, or DSS administrative action is filed within those 60 days, the window closes even earlier.
The rescission is filed with the DOH Office of Vital Records. A rescinded affidavit is treated as if it were never signed, though the underlying paternity question may then be resolved through the courts or through DSS.
Challenge After the 60-Day Window (The 3-Year Fraud Rule)
This is where South Dakota diverges most clearly from the modern UPA framework. Under SDCL § 25-8-50, after the 60-day rescission window closes, a Paternity Affidavit may be challenged only on the basis of fraud, duress, or material mistake of fact — and the challenge must be brought within 3 years after the presumption of paternity was created.
Three years is longer than the 2-year outer limit used by most modern-UPA states. For someone who signed a Paternity Affidavit and later develops real doubt about biology, that extra year can be the difference between having a legal path and being permanently locked in. Under SDCL § 25-8-64, a court may then set aside a prior paternity adjudication when new genetic evidence establishes the acknowledged father is not the biological father — provided the challenge is brought within the statutory window.
Fraud, duress, and material mistake of fact are not casual standards. The challenger has to prove them, and courts want documentation. A home paternity test kit for $79 is the private starting point most people use to decide whether a challenge is worth the fight.
South Dakota's Paternity Adjudication Process
When paternity cannot be established through an affidavit, South Dakota provides two paths: a judicial path through circuit court and an administrative path through the Department of Social Services.
Judicial path: A paternity petition is filed in the South Dakota Circuit Court for the county where the child, the mother, or the alleged father resides. The court can order genetic testing, receive evidence, and enter a judgment of paternity — addressing support and any related custody or visitation issues.
Administrative path: The Department of Social Services, Division of Child Support, has statutory authority to establish paternity administratively when the parties do not contest it or when a genetic test result creates a statutory presumption under SDCL § 25-8-7.1. If either party contests, the matter shifts to circuit court.
Court-Ordered and Administrative Genetic Testing in South Dakota
South Dakota courts have authority to order genetic testing in paternity cases, and DSS has parallel authority in administrative proceedings.
The 99% threshold: Under SDCL § 25-8-7.1, when genetic testing shows at least a 99% probability of paternity, a rebuttable presumption of paternity is created. The presumption is strong enough that DSS may establish a support order without a further paternity proceeding.
Exclusion results: If the genetic test excludes the tested man, the result is admissible to support a finding that he is not the biological father, and the court or DSS will use it to close out the paternity claim.
Mandatory submission: When a court or DSS orders genetic testing, the parties must submit. Refusal can lead to contempt, adverse inferences, or entry of a default paternity finding. For more, see our article on what happens if you refuse a paternity test.
Court-ordered testing in South Dakota is performed by an accredited lab using chain-of-custody collection — in-person sample collection with photo ID verification, with results returned directly to the court or DSS. For a full breakdown, see our article on court-ordered paternity tests: process, cost, timeline, and what to expect.
South Dakota Department of Social Services, Division of Child Support
The South Dakota Department of Social Services, Division of Child Support (DCS), is the state's IV-D child support agency. DCS handles paternity establishment and support enforcement statewide.
DCS can:
- Establish paternity through the Paternity Affidavit process or administrative action
- Arrange genetic testing and pursue the 99% presumption under SDCL § 25-8-7.1
- Locate noncustodial parents
- Establish and modify child support orders
- Enforce support orders through wage withholding, tax refund interception, and license suspension
- Distribute support payments to families
DCS does not represent either parent as an attorney — the agency acts on behalf of the state and the child. Both custodial and noncustodial parents can apply for services. For more on how paternity and child support connect, see our article on paternity tests for child support.
At-Home vs. Legal Paternity Testing in South Dakota
South Dakota does not restrict at-home DNA testing. There is no physician's-order requirement, no state approval process, and no residency limitation on who can order a kit.
The one important limitation:
At-home paternity test results are not admissible in South Dakota circuit court or in DSS administrative proceedings.
Home tests are considered "peace of mind" testing. The lab science is identical to a court-ordered test — the same markers, the same accuracy — but the missing piece is chain of custody. Home tests have no witnessed collection, no government-ID verification, and no tamper-evident packaging. Without those safeguards, a South Dakota court cannot rule out sample tampering, so the result is not admissible.
If you need results for a legal matter in South Dakota — establishing paternity, contesting a Paternity Affidavit within the 60-day or 3-year window, or pursuing a set-aside under SDCL § 25-8-64 — you will need a state-approved paternity test with full chain of custody, collected at an accredited lab with ID verification and witnessed handling.
A common sequence: order a home test first for a private answer, then move to a chain-of-custody legal test if the results tell you a legal fight is warranted. We cover the differences in our comparison of home vs. legal paternity testing.
How At-Home DNA Testing Works
The DNA testing process works the same way regardless of where you live:
- Order your kit. You can order a home paternity test kit from US Diagnostics Center for $79. The kit ships to your South Dakota address and includes a prepaid return envelope for mailing your samples back.
- Collect samples. The kit includes cheek swabs for the alleged father and the child. You rub the swab on the inside of each person's cheek for about 30 seconds. No blood, no needles, no pain.
- Mail samples back. Seal the samples in the provided packaging and drop the prepaid envelope in the mail.
- Lab analysis. Once the lab receives your samples, processing takes 2-3 business days. Our lab analyzes up to 28 genetic markers — well above the industry standard of 20 or more markers.
- Get your results. Results are delivered securely online. You'll see either an inclusion (99.99% or greater probability of paternity) or an exclusion (0% probability).
The mother's sample is not required but can strengthen the analysis. A mother's kit can be added during checkout if you want to include it. Express result options are also available during checkout for faster turnaround.
Ordering a Test in South Dakota
US Diagnostics Center ships nationwide, and South Dakota residents can order directly from our website. There are no state-level restrictions on purchasing or using an at-home DNA test kit in South Dakota. Your kit arrives in discreet packaging with everything you need.
We are BBB Accredited with an A- rating, and our lab analyzes up to 28 genetic markers for every test. If you have a question about your specific situation — including how the 60-day rescission or 3-year fraud rule might apply — our team is available through our contact page.
Frequently Asked Questions
Can I use a home paternity test as evidence in a South Dakota court?
No. South Dakota circuit courts require chain of custody documentation for DNA evidence — witnessed collection, government-issued ID verification, and tamper-evident packaging. A home test skips all of that. Results are scientifically accurate and fine for personal knowledge, but the court will not admit them as evidence. For any legal matter — establishing paternity, contesting an affidavit, or seeking a set-aside under SDCL § 25-8-64 — you need a state-approved paternity test collected at an accredited facility.
Why is South Dakota's marital presumption 10 months and not 300 days?
Because South Dakota never adopted the Uniform Parentage Act. SDCL § 25-8-57 sets the window at ten months after dissolution of the marriage — a bit longer than the 300-day rule used in most states. For children conceived near the end of a marriage, that extra window can shift whether the marital presumption applies.
How long do I have to challenge a Paternity Affidavit in South Dakota?
Under SDCL § 25-8-50, you have 60 days from signing to rescind — or until the date of any administrative or judicial proceeding involving the child in which you are a party, whichever comes first. After that, you may challenge only on fraud, duress, or material mistake of fact, and you must bring the challenge within 3 years after the presumption of paternity was created. Three years is longer than the 2-year outer limit most modern-UPA states use.
Can a court set aside a paternity finding in South Dakota if new DNA evidence appears?
Under SDCL § 25-8-64, a court may set aside a prior paternity adjudication when new genetic evidence establishes the acknowledged father is not the biological father, provided the challenge is brought within the statutory timeframe under § 25-8-50. The court weighs the strength of the genetic evidence, the reason it was not available earlier, and the circumstances of the original acknowledgment. This is not automatic.
What is the DNA threshold South Dakota uses to establish paternity?
Under SDCL § 25-8-7.1, genetic testing showing at least 99% probability of paternity creates a rebuttable presumption of paternity, and the Department of Social Services may establish support without a further paternity proceeding. This is the same 99% floor most states use, though South Dakota reaches it through its own statute rather than the UPA.
Does the Division of Child Support provide free paternity testing in South Dakota?
The DSS Division of Child Support can arrange genetic testing as part of an active case. DCS typically advances the cost, with allocation addressed in the eventual order — often assigned to the nonprevailing party. Application and fee details are available through DSS.
Related Reading
- Home Paternity Test vs. Legal Paternity Test: What Is the Difference?
- Court-Ordered Paternity Test: Process, Cost, Timeline, and What to Expect
- At-Home Paternity Testing in Nebraska
- At-Home Paternity Testing in Montana
- At-Home Paternity Testing in Mississippi
This article is part of our Paternity Testing: The Complete Guide guide.
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