25-4-48 Legitimacy of children after divorce for adultery of wife.
Legitimacy of children after divorce for adultery of wife.
When a divorce is granted
for the adultery of the wife, the legitimacy of children begotten of her before the commission of the
adultery is not affected; but the legitimacy of other children of the wife may be determined by the
court upon the evidence in the case. In every such case all children begotten before the
commencement of the action are to be presumed legitimate until the contrary is shown.
Source: SDC 1939, § 14.0706.