Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed.

Checkout our iOS App for a better way to browser and research.

25-8-8. Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed.

An agreement or compromise made by the mother or child or by some authorized person on their behalf, with the alleged father concerning the support of the child born out of wedlock is binding upon the mother and child only if adequate support is secured by payment, or otherwise, and if approved by a court having jurisdiction to compel support of the child.

The performance of the agreement, when approved, bars other remedies of the mother or child for the support of the child.

The approval by the court shall be entered by the court as a judgment of paternity and order for support, and the judgment and order are enforceable as provided by law. An agreement which does not meet the requirements of this statute is void.

Source: SDC 1939 & Supp 1960, §37.2126; SL 1984, ch 190, §8.


Download our app to see the most-to-date content.