If you’re considering surrogacy in South Dakota, you need to understand the surrogacy laws that may affect your journey.
With expert guidance from American Surrogacy, you can navigate these laws confidently and move forward with peace of mind.
We’re here to help you understand how surrogacy law applies in South Dakota and show you how our national services can support your parenthood goals, no matter where you live.
Contact us online today to get personalized guidance and begin your journey.
South Dakota Surrogacy Laws
Surrogacy is legal in South Dakota, but there are no specific statutes or case laws that explicitly govern the practice.
While this may sound uncertain, it actually provides flexibility for intended parents and surrogates working within the proper legal frameworks.
Is Paid Surrogacy Legal in South Dakota?
Yes, paid surrogacy is legal in South Dakota.
Surrogates are compensated for their time, effort, and the risks they take during the process. This compensation often includes:
- Medical and legal expenses
- Lost wages
- Maternity clothing
- Travel and childcare support
Because we work with intended parents and surrogates across the country, American Surrogacy can help you find a match in states where paid surrogacy is clearly permitted and protected.
Surrogacy Contracts Aren’t Just Valid—They’re Backed by South Dakota Law
Yes. Surrogacy contracts are presumed to be enforceable when specific conditions are met.
In 2020, Amendment 1096K transformed proposed legislation from prohibiting commercial surrogacy to regulating and legitimizing gestational carrier agreements.
Under South Dakota Code Section 25-11-9, gestational surrogacy agreements are legally recognized if properly executed.
Surrogacy Contract Checklist
Your surrogacy contract in South Dakota should cover:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
When Do I Need a Surrogacy Contract in South Dakota?
Surrogacy contracts are typically drafted after a match is made between the intended parents and a surrogate. This legal agreement must be finalized before any medical procedures can begin.
How Will American Surrogacy Support Me During the Contract Stage?
We’ll guide you step by step through the surrogacy legal process—from reviewing your surrogate’s profile to drafting and finalizing the contract.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
LGBTQ+ Surrogacy Laws in South Dakota
Same-sex couples can become legal parents through surrogacy in South Dakota. Courts allow second-parent and stepparent adoptions even if the couple is not married. Birth certificates will list both parents as "Parent" and "Parent."
Abortion Laws in South Dakota and Surrogacy Contract Termination Agreements
South Dakota has some of the most restrictive abortion laws in the U.S. Abortion is banned with very few exceptions.
Importantly, South Dakota Codified Law 22-17-14 makes it illegal for a contract to:
- Coerce a surrogate into an abortion
- Penalize a surrogate for refusing an abortion
- Shift responsibility to the surrogate for costs related to refusing an abortion
Because of this, surrogacy contracts in South Dakota must be written very carefully.
If South Dakota’s laws don’t meet your comfort level, American Surrogacy can help you pursue surrogacy in a state with legal conditions that better match your values.
Surrogacy Laws for Establishing Parentage in South Dakota
You can establish legal parentage through a pre-birth order in South Dakota if:
- At least one intended parent is genetically related to the child, or
- Neither parent is genetically related (if using donor sperm and/or eggs)
Same-sex couples (married or unmarried) can also obtain a pre-birth order.
How to Get a Pre-Birth Order
- Venue: Varies
- Hearing required: Not typically
- Birth certificate timeline: 4–7 days after birth
International Surrogacy Laws
South Dakota has no laws addressing international surrogacy arrangements.
If you are considering international surrogacy, consult with an immigration attorney to ensure your child’s U.S. citizenship and legal parentage can be established.
The Role of a Surrogacy Attorney in South Dakota
A surrogacy attorney plays a vital role in your journey by:
- Drafting and reviewing your surrogacy contract
- Helping with court documents for pre- or post-birth orders
- Ensuring compliance with state laws
American Surrogacy can connect you with a trusted legal professional. We do not employ in-house attorneys, so you can be sure there’s no conflict of interest.
We’ll help you find a surrogacy attorney. Contact us to get the support you deserve
How Much Does a Surrogacy Attorney Cost?
Legal fees vary by firm and state. With American Surrogacy, you won’t need to budget for extra legal costs—we include attorney fees in our program costs, and we ensure the surrogate’s legal needs are also covered.
Find a Surrogacy Attorney Near Me
- Tschetter & Adams Law Office, P.C. (Sioux Falls): The attorneys at Tschetteer and Adams have extensive experience with egg or sperm donor agreement, establishment of parentage, gestational carrier agreements, pre-birth orders and post-birth orders.
- Gehling Osborn Law Firm PLC (Sioux City): GO Law Firm has extensive experience with assisted reproduction and can help with agency-assisted and independent surrogacy arrangements as well as surrogacy/gestational carrier contracts, pre-birth orders, parentage orders (post-birth orders), legal clearance letters, IVF clinic informed consent documents, agency service agreements, and health care proxies.
Get the Guidance, Protection, and Peace of Mind You Deserve No Matter Which Program You Choose
American Surrogacy offers three flexible programs to fit your needs:
Foundation Program
The Foundation Program is American Surrogacy’s premier full-service option — built for intended parents who want guidance and protection through every stage of their journey. From matching with a fully screened surrogate to managing legal, emotional, and financial aspects, this program ensures nothing is left to chance. It’s the ideal path for those seeking a complete, start-to-finish experience with expert oversight.
Limited Risk Program
With the Limited Risk Program, you can get the ultimate protection from financial loss and repaying fees in the event you encounter challenges. This option gives you access to American Surrogacy’s expert screening and matching services with premium protection of your budget from the outset. It’s a smart, lower-risk way to move forward while preserving your flexibility and peace of mind.
Independent Program
Already found a surrogate on your own? The Independent Program offers the essential services you need to safely and ethically move forward — from screening and legal coordination to insurance planning and case management. You maintain your existing relationship, while we help ensure it’s backed by professional guidance and structure.
FAQ: Legal Aspects of Surrogacy in South Dakota
Are insurance companies required to cover IVF in South Dakota?
No. South Dakota does not mandate IVF coverage by insurers.
Is an embryo considered a person in South Dakota?
Yes. State law defines an embryo as an “unborn human being.”
Is traditional surrogacy legal in South Dakota?
Yes, since there is no law prohibiting it.
Do sperm and egg donors have parental rights in South Dakota?
No. Donors have no parental rights under South Dakota Codified Law § 25-6-15.
Is there an IVF tax credit?
Yes. IVF-related medical expenses may be deductible beyond 7.5% of your AGI.