It is unclear how South Dakota law would treat a surrogacy agreement that includes lesbian, gay, bisexual or transgender individuals because there are no statutory provisions or published cases dealing with the issue of surrogacy.

However, there is no explicit prohibition in South Dakota on lesbian, gay, bisexual or transgender couples jointly adopting a child, nor is there an explicit prohibition on lesbian, gay, bisexual or transgender individuals from adopting the child of their same-sex partner.