Changes to Existing Law

25-1-13. If either party is a minor, no marriage license shall be granted unless the written consent of the parent or guardian, duly acknowledged by the parent or guardian, or proved to be genuine, is filed in the office of the county register of deeds prior to issuing the license, and a memorandum of the facts shall be entered in the marriage record book with the other records of the marriage license. Source: SDC 1939, § 14.0113; SL 1988, ch 202, § 3. licenseExcept 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: (1) Are at least sixteen years old: and (2) Have obtained either: (a) 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 of this Act; or (b) Written consent from two parents of the minor applicant, or two parents of each minor applicant, as applicable, which must be notarized and filed in the office of the county register of deeds. A marriage license may not be issued under this section if the age difference between the applicants is greater than ten years. 5

Solemnization of marriage between unauthorized persons as misdemeanor. 25-1-33. A person who is guilty of a Class misdemeanor if the person solemnizes any marriage where either of the parties is known to him to be under the age of legal consent and without the consent of his or her parents or guardian or persons having charge of him or her, or where either of the parties is known to him to be 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 any marriage to which, within his knowledge, any any; or (3) Any other legal impediment exists, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 14.9906; SL 1984, ch 12, § 26. 25

Age of consent to marriage with and without parental consent. 25-1-9. Any unmarried applicant for a marriage license who is eighteen years old or older, and who is not otherwise disqualified, is capable of consenting to and consummating a marriage. If either applicant for a marriage license is between the age of sixteen and eighteen, that applicant shall submit to the register of deeds a notarized statement of consent to marry from one parent or legal guardian of the applicant. Source: SDC 1939, applicantExcept as provided in § 14.0109; SL 1961, ch 52; SL 1975, ch 178, § 1; SL 1993, ch 191, § 2. 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. 11