South Dakota Code § 25-8-12

Timing of proceeding
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The proceeding to determine paternity or compel support by a father, including a proceeding to compel payment of reasonable expenses pursuant to §
25-8-3
, may be instituted during the pregnancy of the mother or after the birth of the child. Except with the consent of the person alleged to be the father, the trial may not be had until after the birth of the child.

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