SDCL § 25-5A-33: Surrender of newborn--Custody action by non-surrendering parent.

If one parent surrenders the newborn to an emergency services provider or a licensed child placement agency, as provided in § 25-5A-27, the non-surrendering parent may file an action for custody of the newborn. The non-surrendering parent shall file the action within thirty days after the provider or agency accepts physical custody of the newborn from the surrendering parent. In the action, the non-surrendering parent must prove by a preponderance of the evidence that:

(1) The non-surrendering parent is the parent of the newborn; and

(2) The non-surrendering parent did not consent to the surrender of the newborn to the provider or agency.