The bill amends existing South Dakota marriage laws to clarify the minimum age requirements for marriage. It stipulates that no marriage license may be issued unless both individuals are at least eighteen years old, with exceptions for minors aged sixteen and older. For minors, the bill outlines specific conditions under which a marriage license may be granted, including obtaining a circuit court order that confirms the marriage is voluntary and in the best interest of the minor. Additionally, written consent from parents or legal guardians is required, depending on whether one or both applicants are minors. A significant provision is that a marriage license cannot be issued if the age difference between the applicants exceeds four years.

Furthermore, the bill introduces a new requirement for court proceedings regarding minor marriages, mandating an in-person hearing where both applicants must be present. The court is tasked with evaluating the safety, maturity, and long-term welfare of the minor applicants, as well as ensuring that the marriage is entered into freely without coercion. A marriage license cannot be issued until thirty days after the court's approval. The bill also amends the penalties for solemnizing a marriage when the legal requirements are not met, classifying such an act as a Class 1 misdemeanor.

Statutes affected:
Introduced, 01/29/2026: 25-1-9, 25-1-13, 25-1-33
Senate Judiciary Engrossed, 02/19/2026: 25-1-9, 25-1-13, 25-1-33
Senate Engrossed, 02/25/2026: 25-1-9, 25-1-13, 25-1-33
House State Affairs Engrossed, 03/03/2026: 25-1-9, 25-1-13, 25-1-33
Enrolled, 03/11/2026: 25-1-9, 25-1-13, 25-1-33