The bill amends South Dakota's marriage laws to establish stricter requirements regarding the minimum age for marriage. It stipulates that no marriage may be contracted unless both individuals applying for a marriage license are at least eighteen years old, with specific exceptions for minors aged sixteen and seventeen. In such cases, a marriage license may be issued if the minor(s) obtain either a circuit court order confirming the marriage is voluntary and in their best interest or notarized written consent from both parents. Additionally, the bill prohibits issuing a marriage license if the age difference between the applicants exceeds ten years.

Furthermore, the bill introduces a new requirement for court approval when a minor seeks to marry, mandating an in-person hearing where the court assesses the safety, maturity, and welfare of the minor, as well as ensuring the marriage is entered into freely. A marriage license cannot be issued until thirty days after judicial approval. The bill also revises penalties for those who solemnize marriages involving minors without meeting the legal requirements, classifying such actions as a Class 1 misdemeanor if the necessary conditions are not satisfied.

Statutes affected:
Introduced, 01/29/2026: 25-1-9, 25-1-13, 25-1-33