South Dakota § 25-8-64 - Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.
Full text of South Dakota South Dakota Codified Laws § 25-8-64 — Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child., with citation guidance and answers to common questions.
§ 25-8-64. Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.
The court may at any time before the child turns eighteen, find that a presumed or legally determined father is not the biological father of a child, based on genetic test results that either exclude the presumed or legally determined father as the biological father of the child or establish another person as the biological father of the child by the standards set in § 25-8-58. The court may under such circumstances set aside a presumption or prior determination of paternity if it finds that setting aside a presumption or prior determination of paternity is in the best interest of the child. The court may consider any of the following factors in determining the best interests of the child:
(1) The length of time between the proceeding to adjudicate parentage and the time that the presumed or legally determined father was placed on notice that he might not be the genetic father;
(2) The length of time during which the presumed or legally determined father has assumed the role of father of the child;
(3) The facts surrounding the presumed or legally determined father's discovery of his possible nonpaternity;
(4) The nature of the relationship between the child and the presumed or legally determined father;
(5) The age of the child;
(6) The harm or benefit that may result to the child if the presumed or legally determined paternity is successfully disproved;
(7) The nature of the relationship between the child and any presumed or legally determined father;
(8) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(9) Any additional factors deemed by the court to be relevant to its determination of the best interest of the child.
Source: SL 2013, ch 119, § 18.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 25-8-64
What does South Dakota Codified Laws § 25-8-64 cover?
Section 25-8-64 ("Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.") 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 § 25-8-64?
A common citation format is "South Dakota Codified Laws § 25-8-64" (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 § 25-8-64 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.