South Dakota Marriage Laws | § 25-1-10.1 | Application For Marriage License Proof Of Age Required. Marriage Laws

South Dakota Codified Laws 25-1-10.1

Application for marriage license--Proof of age required.

25-1-10.1. Application for marriage license -- Proof of age and identification required: To obtain a marriage license, each applicant shall sign the application in person in the presence of the register of deeds or in the presence of a person duly appointed by the register to act in the register's behalf. Each applicant shall provide valid personal identification and provide proof of age prior to issuance of the marriage license. Proof of age and personal identification shall be satisfied by providing a valid: (1) Passport; (2) Federal, state, military, or tribal photo identification; (3) Certified birth certificate, along with a current school or employment photo ID; or (4) Certified birth certificate, along with a U.S. Department of the Treasury Form 4029 that is completed. On the marriage license application, each applicant shall provide the surname the applicant shall be known by after the solemnization of the marriage. This choice shall be indicated on the certificate of marriage and serve as a legal means for a name change. A first name may not be changed under this section. A middle name may only be changed if an applicant is changing the applicant's surname to become a middle name. A surname may only be changed to adopt the spouse's surname or the applicants' hyphenated surnames. No person may use a power of attorney to obtain a marriage license.

SL 1993, ch 191, § 1; SL 2021, ch 115, § 1.; 2022 HB 1268

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More South Dakota Marriage Laws

§ 25-1-35 Certificate delivered to parties--Return to register of deeds.
§ 25-1-37 Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department.
§ 25-1-30 Persons authorized to solemnize marriages.
§ 25-1-10.1 Application for marriage license--Proof of age required.
§ 25-1-1 Marriage defined--Consent and solemnization required.
§ 25-1-2 Present consent to marriage required.
§ 25-1-5 Manifestation and proof of consent and consummation of marriage.
§ 25-1-6 Incestuous marriages void.
§ 25-1-7 Marriage with stepchild void.
§ 25-1-8 Bigamous marriage void--Former spouse absent or believed dead.
§ 25-1-9 Age of consent to marriage with and without parental consent.
§ 25-1-10 License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee.
§ 25-1-36 Return of marriage performed without person authorized to perform--Failure as petty offense.
§ 25-1-11 Issuance of license to unqualified persons prohibited.
§ 25-1-13 Consent of parent or guardian required for marriage of minor--Memorandum in record book.
§ 25-1-15 Unlawful issuance of license as misdemeanor.
§ 25-1-24 Time allowed after license for solemnization of marriage.
§ 25-1-28.1 Distribution of HIV educational material before license issued.
§ 25-1-29 Solemnization and recording of marriages required--Common-law marriages prior to 1959 not invalidated.
§ 25-1-31 Solemnization of marriage without license as misdemeanor.
§ 25-1-32 Identity and ages of parties to be established before solemnization of marriage.
§ 25-1-33 Solemnization of marriage between unauthorized persons as misdemeanor.
§ 25-1-38 Validity of marriages contracted outside state--Same-sex marriages excluded.
§ 25-1-39 Marriage voidable if party physically incapable or consent obtained by fraud or force.
§ 25-1-40 Marital rights not restored by pardon from life sentence.
§ 25-1-10.2 Application for marriage license--Required statement.