In South Dakota, gestational surrogacy is permitted because no statutes or case law prohibit it. The courts are generally favorable, and often will issue pre-birth orders. A bill to regulate gestational surrogacy has been introduced in the 2022 legislature.
Traditional (genetic) surrogacy is also implicitly permitted in South Dakota, because no statute or published case law prohibits it. However, traditional surrogacy is quite rare and fraught with potential legal problems, and the Courts generally are not favorable to traditional surrogacy.