South Dakota § 34-25-13.1 - Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.
Full text of South Dakota South Dakota Codified Laws § 34-25-13.1 — Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits., with citation guidance and answers to common questions.
§ 34-25-13.1. Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.
If the mother was married at the time of conception or birth, or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless:
(1) Paternity has otherwise been determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered;
(2) The mother and the mother's husband execute joint or separate affidavits attesting that the husband is not the father of the child, in which case information about the father shall be omitted from the certificate; or
(3) The mother executes an affidavit attesting that her husband is not the biological father and providing the name of the alleged biological father, the husband executes an affidavit attesting that he is not the biological father, and the alleged biological father executes an affidavit attesting that he is the biological father, then the attesting biological father shall be shown as the father on the certificate.
Affidavits may be joint or individual, and each signature shall be individually notarized.
Source: SL 1972, ch 194, § 11; SL 1993, ch 253, § 2; SL 1997, ch 205, § 3.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34-25-13.1
What does South Dakota Codified Laws § 34-25-13.1 cover?
Section 34-25-13.1 ("Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.") 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 § 34-25-13.1?
A common citation format is "South Dakota Codified Laws § 34-25-13.1" (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 § 34-25-13.1 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.