No. South Dakota explicitly prohibits compensated surrogacy under SDCL § 22-1-2, classifying it as a felony for both surrogates and intended parents. Uncompensated arrangements remain unaddressed, creating legal ambiguity. The state’s 2023 Human Life Protection Act further entrenches opposition by defining life as beginning at fertilization, complicating parental rights for gestational carriers. No state agency regulates surrogacy, leaving disputes to probate courts under traditional family law principles.
Key Regulations for Surrogacy in South Dakota
- Felony Prohibition: SDCL § 22-1-2 criminalizes compensated surrogacy, imposing up to 2 years imprisonment and $4,000 fines for violations.
- Uncompensated Ambiguity: Surrogacy without payment operates in a legal gray zone; courts have not validated such contracts, risking unenforceability.
- Parental Rights Uncertainty: The 2023 Human Life Protection Act’s fetal personhood provisions may complicate pre-birth parentage orders, leaving intended parents to pursue adoption post-birth.
Local courts, including the Fifth Judicial Circuit (Minnehaha County), have historically deferred to statutory bans, with no recorded cases of gestational surrogacy approvals. The South Dakota Department of Health does not issue surrogacy-related birth certificates, requiring intended parents to navigate adoption proceedings under SDCL § 25-6-1. Recent legislative attempts to clarify surrogacy laws (e.g., 2025 HB 1012) stalled, reinforcing the state’s restrictive stance.