The proceeding to determine paternity or compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to § 25-8-3, may be instituted during the pregnancy of the mother or after the birth of the child. Except with the consent of the person alleged to be the father, the trial may not be had until after the birth of the child.

Terms Used In South Dakota Codified Laws 25-8-12

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Source: SDC 1939 & Supp 1960, § 37.2108; SL 1984, ch 190, § 11; SL 2023, ch 84, § 3.