South Dakota Codified Laws 34-25-9.1. Birth outside institution–Persons responsible for certificate–Evidence required–Violation as misdemeanor
If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1) The physician in attendance at or immediately after the birth, or in the absence of such a person;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 34-25-9.1
- 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.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Any other person in attendance at or immediately after the birth, or in the absence of such a person;
(3) The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence necessary to establish the facts of birth.
Any person required to prepare and file a birth certificate pursuant to this section who fails to do so within one year of the birth is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SDCL § 34-25-9; SL 1972, ch 194, § 9; SL 1997, ch 205, § 2; SL 2019, ch 153, § 1.