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SD SB159

SD SB159
Revise requirements pertaining to the minimum age for marriage.


summary

Introduced
01/29/2026
In Committee
03/02/2026
Crossed Over
02/24/2026
Passed
03/05/2026
Dead

Introduced Session

2026 Regular Session

Bill Summary

An Act to revise requirements pertaining to the minimum age for marriage.

AI Summary

This bill, by amending existing South Dakota law, establishes that generally, both individuals applying for a marriage license must be at least eighteen years old when the license is issued, raising the minimum age for marriage. However, exceptions are made for individuals who are at least sixteen years old, provided they obtain a circuit court order after a hearing where the judge determines the marriage is voluntary and in the minor's best interest, or they secure notarized written consent from parents or legal guardians, with specific requirements for one or both applicants being minors. Crucially, a marriage license will not be issued under these exceptions if the age difference between the applicants exceeds four years, and a marriage license cannot be issued until thirty days after judicial approval. Furthermore, the bill clarifies that a person who solemnizes a marriage knowing that either party under eighteen has not met these new requirements, or that either party is of unsound mind, or that any other legal impediment exists, is guilty of a Class 1 misdemeanor, which is a serious criminal offense.

Committee Categories

Government Affairs, Justice

Sponsors (5)

Last Action

Senate Concurred in amendments, Passed, YEAS 31, NAYS 3. S.J. 512 (on 03/10/2026)

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