Changes to Existing Law

26.641.14 26.641.15 101st Legislative Session 159 2026 South Dakota Legislature Senate Bill 159 SENATE JUDICIARY ENGROSSED Introduced by: Senator Pischke Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise requirements pertaining to the minimum age for marriage. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 25-1-9 be AMENDED: 3 25-1-9. Any unmarried applicant for a marriage license who is eighteen years old 4 or older, and who is not otherwise disqualified, is capable of consenting to and 5 consummating a marriage. If either applicant for a marriage license is between the age of 6 sixteen and eighteen, that applicant shall submit to the register of deeds a notarized 7 statement of consent to marry from one parent or legal guardian of the applicantExcept 8 as provided in § 25-1-13, no marriage may be contracted in this state unless both 9 individuals applying for the marriage license have attained the age of eighteen at the time 10 the marriage license is issued. 11 Section 2. That § 25-1-13 be AMENDED: 12 25-1-13. If either party is a minor, no marriage license shall be granted unless 13 the written consent of the parent or guardian, duly acknowledged by the parent or 14 guardian, or proved to be genuine, is filed in the office of the county register of deeds 15 prior to issuing the license, and a memorandum of the facts shall be entered in the 16 marriage record book with the other records of the marriage licenseExcept as provided in 17 this section, a marriage license may be issued to two individuals, one of whom is a minor 18 or both of whom are minors, provided that the individuals applying for the marriage 19 license: 20 (1) Are at least sixteen years old: and 21 (2) Have obtained either: 22 (a) A circuit court order following a determination by the court that the 23 marriage is voluntary and in the best interest of the minor applicant, or 24 minor applicants, as applicable, pursuant to section 3 of this Act; or 25 26.641.14 26.641.15 2 159 Underscores indicate new language. Overstrikes indicate deleted language. (b) Written consent from two parents of the minor applicant, or two parents of 1 each minor applicant, as applicable, which must be notarized and filed in 2 the office of the county register of deeds. 3 A marriage license may not be issued under this section if the age difference 4 between the applicants is greater than ten four years. 5 Section 3. That a NEW SECTION be added to chapter 25-1: 6 If a court order is sought for the marriage of a minor pursuant to § 25-1-13, the 7 court must conduct an in-person hearing with both applicants for the marriage license 8 present and meet privately with each applicant. 9 The court shall consider and make written findings regarding: 10 (1) The safety, maturity, and long-term welfare of the minor applicant, or minor 11 applicants, as applicable; and 12 (2) Whether the marriage is entered into freely, without coercion, fraud, or undue 13 influence. 14 A marriage license may not be issued until thirty days after judicial approval is granted. 15 Section 4. That § 25-1-33 be AMENDED: 16 25-1-33. A person who is guilty of a Class 1 misdemeanor if the person solemnizes 17 any marriage where either of the parties is known to him to be under the age of legal 18 consent and without the consent of his or her parents or guardian or persons having 19 charge of him or her, or where either of the parties is known to him to be knowing that: 20 (1) Either party who is under the age of eighteen has not met the requirements 21 provided under § 25-1-13; 22 (2) Either party is of unsound mind, or any marriage to which, within his knowledge, 23 any; or 24 (3) Any other legal impediment exists, is guilty of a Class 1 misdemeanor. 25

26.641.15 26.641.16 101st Legislative Session 159 2026 South Dakota Legislature Senate Bill 159 SENATE JUDICIARY ENGROSSED Introduced by: Senator Pischke Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise requirements pertaining to the minimum age for marriage. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 25-1-9 be AMENDED: 3 25-1-9. Any unmarried applicant for a marriage license who is eighteen years old 4 or older, and who is not otherwise disqualified, is capable of consenting to and 5 consummating a marriage. If either applicant for a marriage license is between the age of 6 sixteen and eighteen, that applicant shall submit to the register of deeds a notarized 7 statement of consent to marry from one parent or legal guardian of the applicantExcept 8 as provided in § 25-1-13, no marriage may be contracted in this state unless both 9 individuals applying for the marriage license have attained the age of eighteen at the time 10 the marriage license is issued. 11 Section 2. That § 25-1-13 be AMENDED: 12 25-1-13. If either party is a minor, no marriage license shall be granted unless 13 the written consent of the parent or guardian, duly acknowledged by the parent or 14 guardian, or proved to be genuine, is filed in the office of the county register of deeds 15 prior to issuing the license, and a memorandum of the facts shall be entered in the 16 marriage record book with the other records of the marriage licenseExcept as provided in 17 this section, a marriage license may be issued to two individuals, one of whom is a minor 18 or both of whom are minors, provided that the individuals applying for the marriage license 19 license: 20 (1) Are are at least sixteen years old: old and 21 (2) Have obtained either: 22 (a) have obtained: 20 (1) A circuit court order following a determination by the court that the 23 marriage is 21 voluntary and in the best interest of the minor applicant, or 24 minor applicants, as 22 applicable, pursuant to section 3 of this Act; or 25 26.641.15 Act, a certified copy of which must be 23 submitted to the register of deeds; 24 26.641.16 2 159 Underscores indicate new language. Overstrikes indicate deleted language. (b) Written consent from two parents of the minor applicant, or two parents of 1 each minor applicant, as applicable, which must be (2) If only one applicant is a minor, written consent, notarized and filed in 2 the office of 1 the county register of deeds. deeds, from: 2 (a) Two parents of the minor; or 3 (b) The legal guardian of the minor; or 4 (3) If both applicants are minors, written consent, notarized and filed in the office of 5 the county register of deeds, from: 6 (a) Two parents of each minor; 7 (b) The legal guardian of each minor; or 8 (c) Two parents of one minor and the legal guardian of the other minor. 9 A marriage license may not be issued under this section if the age difference 4 10 between the applicants is greater than four years. 5 11 Section 3. That a NEW SECTION be added to chapter 25-1: 6 12 If a court order is sought for the marriage of a minor pursuant to § 25-1-13, the 7 13 court must conduct an in-person hearing with both applicants for the marriage license 8 14 present and meet privately with each applicant. 9 15 The court shall consider and make written findings regarding: 10 16 (1) The safety, maturity, and long-term welfare of the minor applicant, or minor 11 17 applicants, as applicable; and 12 18 (2) Whether the marriage is entered into freely, without coercion, fraud, or undue 13 19 influence. 14 20 A marriage license may not be issued until thirty days after judicial approval is granted. 15 21 Section 4. That § 25-1-33 be AMENDED: 16 22 25-1-33. A person who is guilty of a Class 1 misdemeanor if the person solemnizes 17 23 any marriage where either of the parties is known to him to be under the age of legal 18 24 consent and without the consent of his or her parents or guardian or persons having 19 25 charge of him or her, or where either of the parties is known to him to be knowing that: 20 26 (1) Either party who is under the age of eighteen has not met the requirements 21 27 provided under § 25-1-13; 22 28 (2) Either party is of unsound mind, or any marriage to which, within his knowledge, 23 29 any; or 24 30 (3) Any other legal impediment exists, is guilty of a Class 1 misdemeanor. 25 31

26.641.16 26.641.17 101st Legislative Session 159 2026 South Dakota Legislature Senate Bill 159 SENATE HOUSE STATE AFFAIRS ENGROSSED Introduced by: Senator Pischke Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise requirements pertaining to the minimum age for marriage. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 25-1-9 be AMENDED: 3 25-1-9. Any unmarried applicant for a marriage license who is eighteen years old 4 or older, and who is not otherwise disqualified, is capable of consenting to and 5 consummating a marriage. If either applicant for a marriage license is between the age of 6 sixteen and eighteen, that applicant shall submit to the register of deeds a notarized 7 statement of consent to marry from one parent or legal guardian of the applicantExcept 8 as provided in § 25-1-13, no marriage may be contracted in this state unless both 9 individuals applying for the marriage license have attained the age of eighteen at the time 10 the marriage license is issued. 11 Section 2. That § 25-1-13 be AMENDED: 12 25-1-13. If either party is a minor, no marriage license shall be granted unless 13 the written consent of the parent or guardian, duly acknowledged by the parent or 14 guardian, or proved to be genuine, is filed in the office of the county register of deeds 15 prior to issuing the license, and a memorandum of the facts shall be entered in the 16 marriage record book with the other records of the marriage licenseExcept as provided in 17 this section, a marriage license may be issued to two individuals, one of whom is a minor 18 or both of whom are minors, provided that the individuals applying for the marriage license 19 are at least sixteen years old and have obtained: 20 (1) A circuit court order following a determination by the court that the marriage is 21 voluntary and in the best interest of the minor applicant, or minor applicants, as 22 applicable, pursuant to section 3 of this Act, a certified copy of which must be 23 submitted to the register of deeds; 24 26.641.16 26.641.17 2 159 Underscores indicate new language. Overstrikes indicate deleted language. (2) If only one applicant is a minor, written consent, notarized and filed in submitted to the 1 office of 1 the county register of deeds, from: 2 (a) Two parents of the minor; or 3 (b) The legal guardian of the minor; or 4 (3) If both applicants are minors, written consent, notarized and filed in submitted to the office 5 of 5 the county register of deeds, from: 6 (a) Two parents of each minor; 7 (b) The legal guardian of each minor; or 8 (c) Two parents of one minor and the legal guardian of the other minor. 9 A marriage license may not be issued under this section if the age difference 10 between the applicants is greater than four years. 11 Section 3. That a NEW SECTION be added to chapter 25-1: 12 If a court order is sought for the marriage of a minor pursuant to § 25-1-13, the 13 court must conduct an in-person hearing with both applicants for the marriage license 14 present and meet privately with each applicant. 15 The court shall consider and make written findings regarding: 16 (1) The safety, maturity, and long-term welfare of the minor applicant, or minor 17 applicants, as applicable; and 18 (2) Whether the marriage is entered into freely, without coercion, fraud, or undue 19 influence. 20 A marriage license may not be issued until thirty days after judicial approval is granted. 21 Section 4. That § 25-1-33 be AMENDED: 22 25-1-33. A person who is guilty of a Class 1 misdemeanor if the person solemnizes 23 any marriage where either of the parties is known to him to be under the age of legal 24 consent and without the consent of his or her parents or guardian or persons having 25 charge of him or her, or where either of the parties is known to him to be knowing that: 26 (1) Either party who is under the age of eighteen has not met the requirements 27 provided under § 25-1-13; 28 (2) Either party is of unsound mind, or any marriage to which, within his knowledge, 29 any; or 30 (3) Any other legal impediment exists, is guilty of a Class 1 misdemeanor. 31

26.641.17 26.641.18 101st Legislative Session 159 2026 South Dakota Legislature Senate Bill 159 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Senator Pischke Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise requirements pertaining to the minimum age for marriage. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 25-1-9 be AMENDED: 3 25-1-9. Any unmarried applicant for a marriage license who is eighteen years old 4 or older, and who is not otherwise disqualified, is capable of consenting to and 5 consummating a marriage. If either applicant for a marriage license is between the age of 6 sixteen and eighteen, that applicant shall submit to the register of deeds a notarized 7 statement of consent to marry from one parent or legal guardian of the applicantExcept 8 Except as provided in § 25-1-13, no marriage may be contracted in this state unless both 9 individuals applying for the marriage license have attained the age of eighteen at the time 10 the marriage license is issued. 11 Section 2. That § 25-1-13 be AMENDED: 12 25-1-13. If either party is a minor, no marriage license shall be granted unless 13 the written consent of the parent or guardian, duly acknowledged by the parent or 14 guardian, or proved to be genuine, is filed in the office of the county register of deeds 15 prior to issuing the license, and a memorandum of the facts shall be entered in the 16 marriage record book with the other records of the marriage licenseExcept Except as provided in 17 this section, a marriage license may be issued to two individuals, one of whom is a minor 18 or both of whom are minors, provided that the individuals applying for the marriage license 19 are at least sixteen years old and have obtained: 20 (1) A circuit court order following a determination by the court that the marriage is 21 voluntary and in the best interest of the minor applicant, or minor applicants, as 22 applicable, pursuant to section 3 of this Act, a certified copy of which must be 23 submitted to the register of deeds; 24 26.641.17 2 159 Underscores indicate new language. Overstrikes indicate deleted language. (2) If only one applicant is a minor, written consent, notarized and submitted to the 1 office of the county register of deeds, from: 2 (a) Two parents of the minor; or 3 (b) The legal guardian of the minor; or 4 (3) If both applicants are minors, written consent, notarized and submitted to the office 5 of the county register of deeds, from: 6 (a) Two parents of each minor; 7 (b) The legal guardian of each minor; or 8 (c) Two parents of one minor and the legal guardian of the other minor. 9 26.641.18 2 159 SB159 ENROLLED A marriage license may not be issued under this section if the age difference 10 between the applicants is greater than four years. 11 Section 3. That a NEW SECTION be added to chapter 25-1: 12 If a court order is sought for the marriage of a minor pursuant to § 25-1-13, the 13 court must conduct an in-person hearing with both applicants for the marriage license 14 present and meet privately with each applicant. 15 The court shall consider and make written findings regarding: 16 (1) The safety, maturity, and long-term welfare of the minor applicant, or minor 17 applicants, as applicable; and 18 (2) Whether the marriage is entered into freely, without coercion, fraud, or undue 19 influence. 20 A marriage license may not be issued until thirty days after judicial approval is granted. 21 Section 4. That § 25-1-33 be AMENDED: 22 25-1-33. A person who is guilty of a Class 1 misdemeanor if the person solemnizes 23 any marriage where either of the parties is known to him to be under the age of legal 24 consent and without the consent of his or her parents or guardian or persons having 25 charge of him or her, or where either of the parties is known to him to be knowing that: 26 (1) Either party who is under the age of eighteen has not met the requirements 27 provided under § 25-1-13; 28 (2) Either party is of unsound mind, mind; or any marriage to which, within his knowledge, 29 any; or 30 (3) Any other legal impediment exists, exists. 26.641.18 3 159 SB159 ENROLLED An Act to revise requirements pertaining to the minimum age for marriage. I certify that the attached Act originated in the: Senate as Bill No. 159 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 159 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is guilty hereby approved this ________ day of a Class 1 misdemeanor. 31 ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State