PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:01:05. Requirements for preparation of vital records. Unless otherwise directed
by the secretary of health, a vital record is not complete and correct and acceptable for registration
unless it is prepared on the applicable form and meets the following requirements:
(1) It supplies all items of information called for or their omission is accounted for;
(2) It contains no alterations or erasures;
(3) It contains the required signatures;
(4) It is not marked "copy" or "duplicate";
(5) It is the original;
(6) It contains no improper or inconsistent data; and
(7) If the record is a certificate of death, it contains a definite cause of death with an
etiological explanation of the order, type and association of events resulting in death, not just
symptoms of disease or conditions resulting from disease or injury.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-44.
Law Implemented: SDCL 34-25-43 to 34-25-45.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:02:03. Who may request delayed birth certificate. Any person born in this state
whose birth is not recorded within one year from the date of birth or the person's parent, guardian,
or legal representative may request the registration of a delayed certificate of birth from the
Department of Health.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective
January 9, 2000.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:02:05. Facts to be established for delayed birth certificate. The minimum facts for
a delayed birth certificate that must be established by documentary evidence are the following:
(1) The full name of the person at the time of birth;
(2) The month, day, and year of birth;
(3) The state where the birth occurred;
(4) The full maiden name of the mother; and
(5) The full name of the father. However, if the mother was not married either at the time of
conception or birth, the name of the father may not be entered on the delayed certificate unless
paternity has been established pursuant to SDCL chapter 34-25; and.
(6) The sex at the time of birth.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-13.1, 34-25-13.3, 34-25-15, 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:02:06. Requirements for documents used as evidence for delayed birth
certificate. Any document presented as evidence for a delayed birth certificate, such as census,
hospital, church, and school records, must be in the form of the original record, a certified copy, an
authenticated copy, or a signed statement from the custodian of the record or document. An
affidavit of personal knowledge may not be used to establish a delayed certificate of birth.
Any document submitted in evidence for any person seven years of age and older must be
dated at least seven years before the date of the delayed birth certificate application or within three
years after the date of the registrant’s birth. For any person under seven years of age, the document
must be dated at least one year before the date of the delayed birth certificate application or within
the first year of life.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 26 SDR 89, effective January 9, 2000.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:02:07. Requirements for filing a delayed birth certificate. For a delayed birth
certificate to be acceptable for filing, the name of the applicant and the date and place of birth must
be supported by a hospital record created at the time of birth or two pieces of documentary
evidence as specified in § 44:09:02:06 if the record is filed within seven years after the date of
birth; or three pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed
seven years or more after the date of birth. If a delayed birth record is filed within seven years
from the registrant’s date of birth, the name and sex of the registrant, the date and place of birth
must be supported by a hospital record created at the time of birth or two pieces of documentary
evidence as specified in § 44:09:02:06.
If a delayed birth record is filed more than seven years after the registrant’s date of birth, the
name and sex of registrant and the date and place of birth must be supported by three pieces of
documentary evidence as specified in in § 44:09:02:06.
Any parent's name as required in § 44:09:02:05 shall be supported by at least one piece of
documentary evidence as specified in § 44:09:02:06.
If documentation cannot be provided as required in this chapter, a delayed birth certificate is
acceptable for filing with an a certified order from a court of competent jurisdiction which directs
the Department of Health to establish a delayed birth certificate and establishes the facts as
follows:
(1) The full name of the person at the time of birth;
(2) The month, day, and year of birth;
(3) The state where the birth occurred;
(4) The full maiden name of the mother;
(5) The full name of the father; and
(6) The gender sex at the time of birth.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:02:11. Dismissal of delayed birth application after one year. The Department of
Health may dismiss any application for a delayed birth certificate that has not been completed
within one year from the date of application. The fee paid under SDCL 34-25-42 shall not be
refunded.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective
January 9, 2000.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:02:12. Late filing of birth certificate. A late certificate of birth filed after seven
days of birth, but within one year from the date of birth, must be filed on the standard certificate of
live birth provided by the Department of Health. Such a certificate may shall not be marked
"Delayed." For a late certificate of birth to be acceptable for filing, the Department of Health may
require a hospital record created at the time of birth.
Source: 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000.
General Authority: SDCL 34-25-8.
Law Implemented: SDCL 34-25-8.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:02:13. Out-of-institution birth. If a birth occurs in this state outside a hospital or
institution and the birth certificate is filed within one year after birth, a standard certificate of live
birth must be completed at the office of the local registrar or at be registered with the Department
of Health vital records office Office of Vital Records by the individual responsible for filing the
certificate and filed with evidence as follows:
(1) Evidence of pregnancy, as follows:
(a) A prenatal record from a licensed health care provider;
(b) A written statement from a physician or other licensed health care provider qualified
to determine pregnancy;
(c) A record of a home visit by a public health nurse or other licensed health care
provider; or
(d) Other evidence acceptable to the secretary of health;
(2) Evidence that the infant was born alive, as follows:
(a) A statement from the physician or other licensed health care provider who saw or
examined the infant;
(b) An observation of the infant during a home visit by a public health nurse; or
(c) Other evidence acceptable to the secretary of health; and
(3) Evidence of the mother's presence in this state on the date of the birth, as follows:
(a) If the birth occurred in the mother's residence:
(i) A valid driver's license or a state-issued identification card which includes the
mother's current residence on the face of the license or card;
(ii) A rent receipt from the month of an infant’s birth that includes the mother's
name and address;
(iii) Any type of utility, telephone, or other bill from the month of an infant’s birth
that includes the mother's name and address; or
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 (iv) Other evidence acceptable to the secretary of health;
(b) If the birth occurred outside the mother's place of residence and the mother is a
resident of this state:
(i) An affidavit from the tenant of the premises where the birth occurred attesting
to the fact that the mother was present on those premises at the time of the birth and that the
premises is located in the this state; and
(ii) Evidence of the mother's residence in the this state similar to that required in
subdivision (3)(a) of this section; or
(c) If the mother is not a resident of this state, clear and convincing evidence that the
birth occurred in this state.
The document submitted as evidence must be in the form of the original record, a certified
copy, an authenticated copy, or a signed statement from the custodian of the record or document. If
the Department of Health finds reason to question the validity or adequacy of the documentary
evidence, the birth record may not be filed. If no additional documentary evidence is provided to
the department, the applicant shall be advised of the denial and the right to an administrative
hearing and judicial review.
Source: 24 SDR 60, effective November 13, 1997.
General Authority: SDCL 34-25-9.1.
Law Implemented: SDCL 34-25-9.1.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:03:02. Delayed registration of death. A death record that has not been registered
within one year from the date of death and is registered pursuant to SDCL 34-25-42 shall be on a
delayed death record form prescribed by the Department of Health. The form shall be completed
and filed as follows:
(1) If the attending physician or coroner and the attending funeral director or person who
acted as such are available to complete and sign the certificate of death, it may be completed
without additional evidence and filed with the Department of Health; or
(2) In the absence of the attending physician or coroner and the funeral director or person
who acted as such, the certificate may be filed by another person having knowledge of the facts
and shall be accompanied by two documents that establish the identity of the deceased person. Any
such document shall include, as a minimum, the date of death, name, age, and place of death.
In any case, the Department of Health may require additional documentary evidence to prove
the facts of death. The Department of Health shall retain a summary statement of the evidence
submitted in support of the delayed registration.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective
January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:02. Requirements for amending vital records. Unless otherwise provided in this
chapter or in statute, the Department of Health shall make all amendments to vital records. The
following information is required:
(1) An affidavit of correction setting forth the following:
(a) Information to identify the original certificate;
(b) The incorrect data as it is listed on the certificate; and
(c) The correct data as it should appear; or
(2) An certified order from a court of competent jurisdiction which directs that the record be
amended and provides the following information:
(a) Information to identify the original certificate;
(b) The incorrect data as it is listed on the certificate; and
(c) The correct data as it should appear.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 26 SDR 89, effective January 9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:03. Documentary evidence required for amending records. Amendments
requests received by the Department more than one year after the date of the event except as noted
in § 44:09:05:06 shall be supported by one or more items of documentary evidence that supports
the alleged facts.
Any document presented as evidence for amending a vital record, such as census, hospital,
church, and school records, must be in the form of the original record, a certified copy, an
authenticated copy, or a signed statement from the custodian of the record or document. An
affidavit of personal knowledge may not be used to amend a vital record.
Any document submitted in evidence for persons seven years of age and older must be dated
at least seven years before the date of the amendment application or within three years after the
registrant’s date of birth. For persons more than one year and under seven years of age, a
document must be dated at least one year before the date of the amendment application or within
the first year of the registrant’s life.
If reason is found to question the validity or adequacy of the documentary evidence, the
request for amendment shall be rejected and the applicant shall be advised of the right to an
administrative hearing and judicial review.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective
January 9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
Cross-Reference: Procedure for administrative hearings and judicial review, SDCL 1-26-16
to 1-26-37.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:04. Who may request an amendment. A birth certificate may be amended upon
the request of the registrant if of legal age, one of the parents, the guardian, or the individual or
facility responsible for filing the certificate. Any item in the statistical portion of the birth
certificate, however, may be amended only upon receipt of oral or written notification of an error
from the person or facility responsible for the completion of the items. Any item amended in the
statistical portion of the birth certificate may not be marked amended.
A death certificate may be amended upon the request of the next of kin, the funeral director,
or the person acting as the funeral director. Any item in the medical certification or any item of a
medical nature may be amended only upon receipt of an affidavit from the attending licensed
physician or from the county coroner who assumes jurisdiction over the decedent pursuant to
SDCL 23-14-18. If an amendment is made by a county coroner, the county coroner shall specify in
the affidavit the subdivisions in SDCL 23-14-18, regarding deaths in the public interest, under
which the coroner assumes jurisdiction over the decedent and evidence of consultation with a
licensed physician unless the coroner is a licensed physician. The Department of Health may
require documentary evidence to substantiate any requested amendment. The department shall give
notice of the amendment to the physician who made the original medical certification.
A marriage record may be amended upon the request of either of the registrants, the
individual who solemnized the marriage, the local registrar filing the marriage, or a legal
representative acting on behalf of one of the registrants. Any item in the "Information for
Statistical Purposes Only" section of the marriage record may be amended by oral or written
notification of an error from the person responsible for the completion of the items. No item
amended in the "Information for Statistical Purposes Only" section may be marked amended.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 13 SDR 202, effective July
5, 1987; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:05. Amendment of given names on birth certificates within the first year.
Until the registrant's first birthday, any given first and middle name may be amended without
additional documentary evidence by an affidavit signed by both parents or by one of the following:
(1) The mother in the case of a child born out of wedlock where paternity is not established;
(2) The father in the case of the death or incapacity of the mother;
(3) The mother in the case of the death or incapacity of the father; or
(4) The guardian having legal custody of the registrant.; or
(5) The person or facility responsible for filing the record.
After the first birthday, documentary evidence shall be submitted to substantiate the
amendment.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective
January 9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:06. Addition of given names on birth certificates. Until the registrant's first
birthday, any given first and middle name for a child whose birth was recorded without a given
name may be added to the certificate without additional documentary evidence by an affidavit
signed by both parents or by one of the following:
(1) The mother in the case of a child born out of wedlock where paternity is not established;
(2) The father in the case of the death or incapacity of the mother;
(3) The mother in the case of the death or incapacity of the father; or
(4) The guardian or agency having legal custody of the registrant.; or
(5) The person or facility responsible for filing the record.
After the registrant’s first birthday, documentary evidence shall be submitted to substantiate
the either the first or middle name, or both, being added.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective
January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:08. Amendment of the same item more than once. Once an amendment by
affidavit or court order has been made of an item on a vital record, that item shall not be amended
again unless a certified court order that directs the record be amened is received from a court of
competent jurisdiction.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective
January 9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:09. Method of amending certificates. The Department of Health may amend a
vital record in the following manner:
(1) Completing the item in any case where the item was left blank on the existing certificate;
(2) Drawing a single line through the item to be amended and inserting the correct data. The
line drawn through the original entry must not obliterate the entry;
(3) Changing a record maintained in an electronic file. The date of the amendment must be
made a part of the record and the original information must also be retained;
(4) Creating a new certificate when so ordered by a court of competent jurisdiction. The
certificate may not be marked as amended; or
(5) (4) Preparing a new certificate showing the correct information when the state registrar
considers that the nature of the amendment so requires.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective
January 9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:10. Fee for preparing new birth certificate after adoption. The fee for locating
an original birth record and preparing a new birth certificate following adoption is $15 fifteen
dollars.
Source: 7 SDR 9, effective August 11, 1980; 10 SDR 144, effective July 1, 1984; 35 SDR
183, effective February 2, 2009.
General Authority: SDCL 34-25-16.1.
Law Implemented: SDCL 34-25-16.1.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:11. Dismissal of amendment applications after one year. The Department of
Health may dismiss any application for amending a vital record that has not been completed within
one year from the date of application. The fee paid under SDCL 34-25-51 shall not be refunded.
Source: 26 SDR 89, effective January 9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:05:12. Amendment of surnames on vital records after one year. Any amendment
to a surname made within the first year after the event occurred may be amended by affidavit
without additional documentary evidence unless that surname was placed on the record using a
paternity, adoption, or other court order. Any amendment to a surname on a vital record made a
year or more after the event occurred requires an a certified order from a court of competent
jurisdiction that directs the records be amended unless the amendment makes a minor spelling
correction.
Source: 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:06:02. Fee for search, verification, or certified copy of vital records. The fees for
any copy of a birth, death, fetal death, marriage, or divorce record filed by the system of vital
registration are as follows:
(1) Birth record - each informational or certified copy, verification, or certified statement
that a record is not filed, $13 thirteen dollars;
(2) Death or fetal death record - each informational or certified copy, verification, or
certified statement that a record is not filed, $15 fifteen dollars;
(3) Marriage record - each informational or certified copy, verification, or certified
statement that a record is not filed, $15 fifteen dollars;
(4) Divorce record - each informational or certified copy, verification, or certified statement
that a record is not filed, $15 fifteen dollars.
Any copy of any vital record issued from the system of vital registration may only be issued
in the form of a certified or informational copy except if a copy is being issued under SDCL 34-
25-52.1. A copy issued pursuant to that section shall be stamped for "Administrative Use Only."
Source: 7 SDR 9, effective August 11, 1980; 10 SDR 144, effective July 1, 1984; 21 SDR
71, effective October 16, 1994; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July
4, 2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-25-52.
Law Implemented: SDCL 34-25-52, 34-25-52.1.
Cross-References: Fees of register of deeds enumerated, SDCL 7-9-15; Additional fee
charged for copy of birth record -- Disposition, SDCL 34-25-52.2.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:06:04. Application form requirements. To request a certified or informational copy
of a vital record, the applicant shall provide the following information on an application form
prescribed by the Department of Health or via a method that allows for authentication of the
requestor:
(1) Applicant's full name;
(2) Current home or business address;
(3) Signature of the applicant or electronic authentication;
(4) Current telephone number, if applicable;
(5) Type of vital record requested;
(6) For a certified copy only, a statement or evidence of the relationship of the applicant to
the registrant;
(7) For a birth record only, the name of on the record, the date of birth and the mother's
maiden name, or enough information to locate the record; and
(8) For any a death, marriage, or divorce record, the name on the record and the date of
death or enough information to locate the record; and.
(9) For any marriage or divorce record, the names of both parties on the record and the date
of event or enough information to locate the record.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:06:05. Requirements for serving as a designated agent. A designated agent is
established by a notarized statement, signed by the eligible individual who is to be represented by
the designated agent, that describes the authority being given to the designated agent to act on the
individual's behalf.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:06:06. Application methods and requirements. An applicant for a certified or
informational copy of a vital record shall submit an application as provided in § 44:09:06:04 to the
Department of Health or authorized local registrar along with a government issued photo ID that
contains the applicant's signature or other proof of identity as deemed acceptable by the state
registrar. If the application is made in person, the applicant shall complete an application and shall
present a valid picture identification or provide two other acceptable forms of valid identification.
If the application is made via mail, the application shall be notarized or the applicant shall provide
a clear copy of a valid picture identification or submit two other acceptable forms of valid
identification. If the application is made via phone, the information from the application shall be
taken over the phone and the applicant shall fax submit a clear copy of a valid picture
identification or the identity of the individual shall be authenticated by electronic means. If the
application is made via the internet, the information from the application shall be taken via the
internet and the identity of the individual authenticated by electronic means.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:07:01. Who may request a delayed certificate of marriage. Any person married in
South Dakota whose marriage is not recorded within a year of event, or the person's legal
representative, may request the registration of a delayed certificate of marriage from the
Department of Health.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:07:02. Delayed certificate of marriage record. Any person registering a marriage
more than a year after the event occurred pursuant to SDCL 34-25-42 shall complete a delayed
certificate of marriage form prescribed by the Department of Health.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:07:03. Facts to be established for a delayed certificate of marriage. To be
acceptable for a delayed for registration, For a delayed marriage to be accepted for registration, the
certificate of marriage must be supported by:
(1) A copy of the marriage license or the application for marriage license if the license was
granted; and
(2) A signed statement from the official conducting the wedding ceremony or the custodian
of the records of the official and from the two witnesses to the wedding ceremony indicating that a
marriage ceremony was performed and the date and place of the marriage; or
(3) An certified order from a court of competent jurisdiction ordering a delayed certificate
of marriage to be filed and providing the following information:
(a) Bride information:
(i) Name prior to marriage;
(ii) Date of birth; and
(iii) Residence city and county;
(b) Groom information:
(i) Name prior to marriage;
(ii) Date of birth; and
(iii) Residence city and county; and
(c) Marriage information:
(i) Date of marriage; and
(ii) City and county of marriage.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:07:04. Insufficient evidence. If an applicant does not submit the documentation
required by § 44:09:07:03 for a delayed registration or if the Department of Health finds reason to
question the validity or adequacy of the statements or the documentary evidence, the delayed
certificate of marriage may not be filed. If no additional documentary evidence is available, the
The applicant shall be advised of the denial of the application and the right to an administrative
hearing and judicial review pursuant to SDCL chapter 1-26.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
Last Updated August 25, 2026 44:09:07:06. Dismissal of delayed marriage application after one year. The Department
of Health may dismiss any application for a delayed certificate of marriage that has not been
completed within one year from the date of application. The fee paid under SDCL 34-25-42 shall
not be refunded.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.