Except in any case involving fraud or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), any proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things legalized, cured, and validated one year after the proceeding is finalized. If any person has a claim or right arising from any adoption proceeding, that person shall initiate any action to enforce such right or claim within one year of the date when the proceeding is finalized unless a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2019.

Terms Used In South Dakota Codified Laws 25-6-21

  • Fraud: Intentional deception resulting in injury to another.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Source: SL 1994, ch 200; SL 1996, ch 166; SL 2012, ch 143, § 1; SL 2019, ch 127, § 1.

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