Read the full stored bill text
26.641.18 101st Legislative Session 159
2026 South Dakota Legislature
Senate Bill 159
ENROLLED
AN ACT
ENTITLED An Act to revise requirements pertaining to the minimum age for
marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-1-9 be AMENDED:
25-1-9. Except as provided in § 25-1-13, no marriage may be contracted in this
state unless both individuals applying for the marriage license have attained the age of
eighteen at the time the marriage license is issued.
Section 2. That § 25-1-13 be AMENDED:
25-1-13. Except as provided in this section, a marriage license may be issued to
two individuals, one of whom is a minor or both of whom are minors, provided that the
individuals applying for the marriage license are at least sixteen years old and have
obtained:
(1) A circuit court order following a determination by the court that the marriage is
voluntary and in the best interest of the minor applicant, or minor applicants, as
applicable, pursuant to section 3 of this Act, a certified copy of which must be
submitted to the register of deeds;
(2) If only one applicant is a minor, written consent, notarized and submitted to the
office of the county register of deeds, from:
(a) Two parents of the minor; or
(b) The legal guardian of the minor; or
(3) If both applicants are minors, written consent, notarized and submitted to the office
of the county register of deeds, from:
(a) Two parents of each minor;
(b) The legal guardian of each minor; or
(c) Two parents of one minor and the legal guardian of the other minor.
26.641.18 2 159
SB159 ENROLLED
A marriage license may not be issued under this section if the age difference
between the applicants is greater than four years.
Section 3. That a NEW SECTION be added to chapter 25-1:
If a court order is sought for the marriage of a minor pursuant to § 25-1-13, the
court must conduct an in -person hearing with both applicants for the marriage license
present and meet privately with each applicant.
The court shall consider and make written findings regarding:
(1) The safety, maturity, and long -term welfare of the minor applicant, or minor
applicants, as applicable; and
(2) Whether the marriage is entered into freely, without coercion, fraud, or undue
influence.
A marriage license may not be issued until thirty days after judicial approval is granted.
Section 4. That § 25-1-33 be AMENDED:
25-1-33. A person is guilty of a Class 1 misdemeanor if the person solemnizes any
marriage knowing that:
(1) Either party who is under the age of eighteen has not met the requirements
provided under § 25-1-13;
(2) Either party is of unsound mind; or
(3) Any other legal impediment 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 hereby
approved this ________ day of
______________, 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