Notwithstanding any other provision of law or court rule the father of an illegitimate child shall, as a requirement of due process, have no rights to the service of process in adoption, dependency, delinquency, or termination of parental rights proceedings unless he is known and identified by the mother or unless he, prior to the entry of a final order, in any of the three proceedings, shall have acknowledged the child as his own by affirmatively asserting paternity, within sixty days after the birth of the child:

(1) As outlined in § 25-6-1; or

Terms Used In South Dakota Codified Laws 25-6-1.1

  • Service of process: The service of writs or summonses to the appropriate party.

(2) By causing his name to be affixed to the birth certificate as provided by § 34-25-13.2; or

(3) Otherwise by commencing a judicial proceeding claiming a parental right.

Source: SL 1974, ch 176.