South Dakota's new marriage law raises the minimum age requirement to 18 years old for all marriages, unless a minor at least 16 years old obtains a court order or parental consent. When minors marry, the law now requires a court hearing where a judge determines the marriage is voluntary and in the minor's best interest, and it prohibits marriages where the age difference between partners exceeds four years.
The amendment tightens marriage age restrictions by raising the minimum age to 18 without parental consent (removing the previous 16-18 age range with parental permission) and reducing the maximum allowable age difference between spouses from ten years to four years when court approval is used. This significantly **strengthens** the bill's protections for minors by making child marriage substantially more difficult to obtain.
The amendment reorganizes the parental consent requirements for minors aged 16-17 seeking marriage by creating separate pathways depending on whether one or both applicants are minors—allowing consent from either two parents or a legal guardian for a single minor applicant, versus requiring two parents or guardians from each minor when both are underage—which CLARIFIES and potentially BROADENS the previous requirement that only "two parents" could provide consent. The amendment also adds language requiring a certified court order copy be submitted to the register of deeds and restructures related penalty provisions, STRENGTHENING oversight of child marriages while maintaining the same baseline age restrictions.
The amendment shifts the bill from allowing 16-17 year-olds to marry with parental consent to requiring all marriages to involve individuals at least 18 years old, except in narrow circumstances where a court order is obtained after an in-person hearing that considers the minor's safety and whether the marriage is voluntary. This substantially STRENGTHENS protections for minors by raising the default marriage age to 18 and adding judicial oversight with a 30-day waiting period for any exceptions.
The enrolled version removed the opening sections that originally allowed 16-18 year-olds to marry with parental consent, instead keeping only the stricter provisions requiring a court order, dual parental consent, or both for any minor marriage—STRENGTHENING the bill's restrictions on underage marriage. The amendment also added standard legislative enactment language and ceremonial signature pages appropriate for a final enrolled bill.
Other amendments
Signed by the Governor S.J. 549
Delivered to the Governor S.J. 539
Signed by the Speaker H.J. 560
Signed by the President S.J. 525
Senate Concurred in amendments Passed, YEAS 31, NAYS 3. S.J. 512
House of Representatives Do Pass Amended Passed, YEAS 40, NAYS 27. H.J. 526
State Affairs Do Pass Amended Passed, YEAS 7, NAYS 5.
State Affairs Motion to amend
State Affairs Scheduled for hearing
First read in House and referred to House State Affairs H.J. 445
Senate Do Pass Amended Passed, YEAS 25, NAYS 8. S.J. 379
Senate Motion to amend S.J. 377
Senate Deferred to another day S.J. 355
Judiciary Do Pass Amended Passed, YEAS 5, NAYS 2. S.J. 25
Judiciary Motion to amend Passed, YEAS 4, NAYS 3. S.J. 25
Judiciary Scheduled for hearing S.J. 1
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 140
Prime sponsor · Sen.
R
Concurred in amendments
Do Pass Amended
State Affairs — Do Pass Amended
Do Pass Amended
Judiciary — Motion to amend
Judiciary — Do Pass Amended