16 year old with a 21 one year old baby daddy, can he be on birth certificate

We had consensual sex and our 4 years apart in age. Can he on the birth certificate like we both want? My moms not pressing charges. We live in South Dakota

I don’t care if this gets judgement or anything, at the end of the day I just want my son to be able to have his dad on his birth certificate and not have his father go to prison over consential sex because we are 11 months to over the 4 year mark in age, that wouldn’t help anyone.