Gestational Surrogacy is generally permitted in South Dakota. There are no statutes or
published case law that specifically permits or prohibits surrogacy.
Pre-Birth Orders can be obtained by any Intended Parent, whether married or unmarried, a
heterosexual or same sex couple or individual, and even if neither Intended Parent is
genetically related to the child. Post-Birth Adoptions are also available.
Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.