Below are state statutes relating to minor consent for this state; however, there may be additional statutes NVIC is unaware of, and readers may need to do additional research and/or obtain additional legal advice. NVIC doesn't provide legal advice and provides the below for informational purposes only. NVIC provides additional resource information in our FAQ on Vaccination in School-Based Health Clinics, should readers have concerns about the vaccination of their child without parental knowledge or consent this school setting.
South Dakota Codified Laws
Title 25. Domestic Relations
Chapter 25-5. Parent and Child
25-5-24. Emancipated minor defined.
Any person under the age of eighteen years who:
(1) Has entered into a valid marriage, whether or not such marriage was terminated by dissolution; or
(2) Is on active duty with any of the armed forces of the United States of America; or
(3) Has received a declaration of emancipation pursuant to § 25-5-26;is an emancipated minor.
25-5-25. Age of majority for certain purposes–Parent or guardian liability.
An emancipated minor shall be considered as being over the age of majority for the following purposes:
(1) For the purpose of consenting to medical, chiropractic, optometric, dental, or psychiatric care, without parental consent, knowledge or liability;
(2) For the purpose of his capacity to enter into a binding contract;
(3) For the purpose of his capacity to sue and be sued in his own name;
(4) For the purpose of his right to support by his parents;
(5) For purposes of the rights of his parents to his earnings, and to control him;
(6) For the purpose of establishing his own residence;
(7) For the purpose of buying or selling real property;
(8) For the purpose of ending all vicarious liability of the minor's parents or guardian for the minor's torts; and
(9) For the purpose of enrolling in any school or college.
Nothing in this section may be construed to relieve the minor's parents or guardian from any liability for the torts of an emancipated minor if the liability arises out of an agency relationship, out of the operation of a motor vehicle as provided in § 25-5-15 or some other principle of law other than the parent-child relationship.
