Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.
In South Dakota, paternity is the legal recognition of a man as the father of a child. The state presumes that a man is the father of a child if the child is born during his marriage to the mother. This presumption can be challenged and potentially overturned with the use of court-ordered genetic testing. Establishing paternity is crucial for matters such as child support, inheritance, and access to family medical history. South Dakota's statutes regarding the presumption of paternity and the process for establishing or contesting paternity are found in the state's codified laws, particularly within sections that pertain to domestic relations and family law. These laws outline the specific circumstances and procedures for acknowledging paternity, including voluntary acknowledgment by the father or a court proceeding when paternity is in dispute.