Typical Process For Opening Confidential Adoption Records In South Dakota

The process for opening confidential adoption records in South Dakota may vary from county to county.

1. Write or call the Clerk of Courts in the county in which your adoption was finalized (usually the county in which your adoptive parents lived). Ask for a “Petition for Release of Confidential Adoption Records”.
2. Fill out the petition and make several copies.
3. With the petition you should receive a couple “Waiver of Hearing” forms. One needs to be sent (with a photocopy of your petition) to Division of Social Services Adoption Program Specialist, 700 Governors Drive, Pierre, SD 57501-2291. The other needs to be sent (with a photocopy of your petition) to the private agency\agencies involved in your adoption (such as LSS). The waiver forms must be signed and notarized by the agency\agencies. They will then be returned to you and should be attached to the original petition. Note: If you choose not to use the waiver forms and need to set a hearing on the release, you man need to hire an attorney.
4. When your petition and the necessary waivers have been signed and notarized, you will need to send them to the Clerk of Courts and the Clerk will take your Petition to the Judge for review.
5. If everything is in legal order, the Judge will sign an Order for the Release of Confidential Adoption Records. The court will send all the original papers back to you and they usually require you to provide a self addressed stamped envelope large enough to return the documents.
6. You then send the original court order to: Post Legal Adoption Services, Lutheran Social Services of South Dakota, 600 West 12th Street, Sioux Falls, SD 57104 with the payment of $200, so LSS can process and prepare your adoption records for you. Please allow 4 to 6 weeks from the date we receive your Court Order and payment.

Please recognize that this is the usual process, but the county in which your adoption was completed may require different steps. If you have any questions or if LSS can be of further assistance, please feel free to email an LSS Post Legal Adoption Specialists below or call 605-336-3347 or 888-201-5061 ext. 52.

Click here to contact a LSS Post Legal Adoption Specialist

Note: The following web site will help you locate the correct county addresses and phone numbers.

Clerk Of Courts

Adoption & Birth Parent Services
Dede Mogck, Director
621 East Presentation Street
Sioux Falls, SD 57104
605-221-2346
888-201-5061
Fax: 605-221-2404
Email: Dede Mogck

© Lutheran Social Services.
All Rights Reserved.