Explanatory Speech

U.S. Adoption Laws

Did you know 135,000 children are adopted in the United States each year? And of those
135,000 children, 59% are from the foster system, 26% are from other countries and 15% are
American babies willing given up for adoption. South Dakota has many laws on adoption. Here
is an overview of some of the laws regarding the consent required for minor children. 25-6-2:
Adoption of minor child permitted-- Minimum differences in agesBest interest of child; 25-6-
3: Consent of spouse required for adoption; 25-6-4: Consent of childs parents required for
adoption; 25-6-5: Consent of child over 12 required. . Today were going to learn some more
about the 15% of American babies given up for adoption and the 59% adopted from foster care.
25-6-2: Adoption of minor child permitted-- Minimum differences in agesBest interest of
child: Any child under 18 can be adopted. But, the person being adopted and the person adopting
them, must be 10 years apart in age. In any court proceeding attempting to challenge an adoption
or terminate parental rights, the court will consider the best interests of all people but will give
most consideration to the best interests of the child involved.
25-6-3: Consent of spouse required for adoption: A married man, not lawfully divorced from
their wife cannot adopt a child without the consent of their wife. A married woman, not lawfully
divorced from their husband also cannot adopt a child without the consent of their husband,
unless the husband or wife is unable to give consent.
25-6-4: Consent of childs parents required for adoption: No child can be adopted without
their parents consent. The only exception would be if it is in the best interest of the child. The
court can skip consent of the parent if, the parent has been convicted of a crime and is
imprisoned for an amount of time that the child will need parental companionship. If the parent
has abandoned the child for 6 or more months, has neglected the child, or if they have not
appeared in court in either person or by representation by counsel. Law 25-6-4.1 states that any
attempt of compelling, coercing or forcing adoption is a felony. Any attempt to get parents to
release, sell, place, relinquish, or give up for adoption any minor child by force is a felony.
25-6-5: Consent of child over 12 required: This law is for the 59% of kids adopted from
foster care. This means that any child over 12 that is attempting to be adopted, must have the
consent of the child before adoption can take place. Since most kids in foster care have already
had parents consent to be given up or have been taken because of neglect or other reasons, the
childs consent must be given if they are over 12 years old.
South Dakota has many laws on adoption. The few I told you about were: 25-6-2:
Adoption of minor child permitted-- Minimum differences in agesBest interest of child; 25-6-
3: Consent of spouse required for adoption; 25-6-4: Consent of childs parents required for
adoption; 25-6-5: Consent of child over 12 required. These are only a few of South Dakotas law
about adoption.