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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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