South Dakota Code § 34-23A-29

Civil action for death of fetus or infant in partial
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birth abortion.
In the case of the death of a human fetus or infant as the result of a partial
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birth abortion, the father of the human fetus or infant and, if the mother has not attained the age of eighteen years at the time of the partial
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birth abortion, the maternal grandparents of the human fetus or infant may file a civil action to obtain appropriate relief, unless the plaintiff consented to the partial
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birth abortion or unless the plaintiff's criminal conduct caused the pregnancy.

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