What the yellow status means: South Dakota's legal path depends more heavily on general parentage law, court procedure and case-specific facts than in states with a dedicated surrogacy code.
Parentage procedure
The availability, timing and form of any parentage order should be confirmed for the specific case with South Dakota reproductive counsel. Do not assume that a pre-birth order or a particular birth-record result is generally available.
Agreement and compensation
The agreement should address compensation and expenses, insurance, medical autonomy, legal costs, termination provisions and dispute procedures. Current South Dakota law should be reviewed before relying on any particular term.
What this means for a surrogate
Before signing an agreement or beginning treatment, use independent South Dakota reproductive counsel to confirm the governing law, jurisdiction, parentage strategy and contract terms for the proposed match.