South Dakota Codified Laws 21-37-5.2. Notice and open court requirements–Exception–Name change of victims–Sealed records
The court may grant an order changing the name of a person without publication of notice or a hearing in open court if all of the following conditions are met:
(1) The petitioner is over the age of eighteen years or is a guardian of a minor child;
Terms Used In South Dakota Codified Laws 21-37-5.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) The petitioner or minor child is a resident of this state;
(3) The petitioner:
(a) Or minor child is a victim of human trafficking and has a particularized need for a change of name to protect them from a person who victimized them such that there is a sufficient basis to grant an exception to the requirements of §§ 21-37-4 and 21-37-5; or
(b) Is an adult, is a victim of domestic abuse, and the petitioner shows a particularized need for a change of name to protect the petitioner from the perpetrator such that there is a sufficient basis to grant an exception to the requirements of §§ 21-37-4 and 21-37-5;
(4) It appears to the court that the name change is in the petitioner’s or minor child’s best interests; and
(5) The court finds that the name change is not done for the purposes of fraud.
If good cause exists, the court may order all records regarding the petition and order be sealed. The court may order that if a new certificate of birth is obtained under § 34-25-16.8, the original certificate, and any other evidence upon which a new certificate is made, be sealed. The order must include findings that the petitioner is a victim meeting the requirements of subsection (3)(a) or (3)(b). The records shall only be opened by a court order based upon showing good cause or at the petitioner’s request.
Source: SL 2020, ch 75, § 1; SL 2022, ch 59, § 1.