South Dakota has no law about surrogacy at all — not even a court case — despite a failed attempt to pass one.
Is surrogacy legal in South Dakota?
Surrogacy isn't illegal in South Dakota, but there's genuinely nothing written into law about it — no statute and no court decisions. Lawmakers tried to pass a surrogacy bill in 2020, but it didn't pass. That leaves the whole process built on general legal practice instead.
Can a surrogate be paid?
In practice, yes — nothing in South Dakota law bans paying a surrogate, and arrangements happen. But because there's no law confirming how it works, there's also no legal guarantee behind it the way there is in states with a dedicated surrogacy statute.
How do intended parents become the legal parents?
Courts reportedly grant s regardless of marital status or genetic connection to the baby, but since there's no law requiring this, it comes down entirely to practice and the judge you're in front of, not a guaranteed right.
A few practical things to know
- No surrogacy law or case history: South Dakota is a genuine blank slate on this topic.
- A 2020 bill to create surrogacy rules failed — worth watching for future attempts.
- Pre-birth orders happen in practice, even without a law requiring them.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the South Dakota insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. South Dakota doesn't have a surrogacy law, so working with an experienced attorney matters even more here than in states with clearer rules.
Before signing any , talk to a lawyer who specializes in reproductive law in South Dakota. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.