South Dakota § 25-8-57 - Rebuttable presumption of legitimacy.
Full text of South Dakota South Dakota Codified Laws § 25-8-57 — Rebuttable presumption of legitimacy., with citation guidance and answers to common questions.
§ 25-8-57. Rebuttable presumption of legitimacy.
Any child born in wedlock, or born within ten months after dissolution of the marriage, is presumed legitimate to that marriage even if the marriage is subsequently declared to be null and void, or subsequently dissolved by divorce. This rebuttable presumption of legitimacy can only be disputed by the husband or wife, or a descendant of one or both of them, or a potential biological father of the child. The potential biological father has standing to file an action to rebut this presumption prior to obtaining genetic test results. The potential biological father may not rebut the presumption without genetic test results meeting the requirements of § 25-8-58 establishing that he is the biological father of the child.
This presumption may be specifically rebutted pursuant to § 25-8-64.
Source: SL 1994, ch 204, § 9; SL 2013, ch 119, § 17.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 25-8-57
What does South Dakota Codified Laws § 25-8-57 cover?
Section 25-8-57 ("Rebuttable presumption of legitimacy.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 25-8-57?
A common citation format is "South Dakota Codified Laws § 25-8-57" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 25-8-57 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.