South Dakota § 34-25-9.1 - Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.

Full text of South Dakota South Dakota Codified Laws § 34-25-9.1 — Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor., with citation guidance and answers to common questions.

§ 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;

(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.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 34-25-9.1

What does South Dakota Codified Laws § 34-25-9.1 cover?

Section 34-25-9.1 ("Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.") 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 § 34-25-9.1?

A common citation format is "South Dakota Codified Laws § 34-25-9.1" (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 § 34-25-9.1 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.