South Dakota Codified Laws
Chapter 01 - Validity And Performance Of Marriages
Section 25-1-9 - Age of consent to marriage with and without parental consent.

25-1-9. Age of consent to marriage with and without parental consent.
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, §14.0109; SL 1961, ch 52; SL 1975, ch 178, §1; SL 1993, ch 191, §2.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 01 - Validity And Performance Of Marriages

Section 25-1-1 - Marriage defined--Consent and solemnization required.

Section 25-1-2 - Present consent to marriage required.

Section 25-1-5 - Manifestation and proof of consent and consummation of marriage.

Section 25-1-6 - Incestuous marriages void.

Section 25-1-7 - Marriage with stepchild void.

Section 25-1-8 - Bigamous marriage void--Former spouse absent or believed dead.

Section 25-1-9 - Age of consent to marriage with and without parental consent.

Section 25-1-10 - License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee.

Section 25-1-10.1 - Application for marriage license--Proof of age and identification required--Name changes.

Section 25-1-10.2 - Application for marriage license--Required statement.

Section 25-1-11 - Issuance of license to unqualified persons prohibited.

Section 25-1-13 - Consent of parent or guardian required for marriage of minor--Memorandum in record book.

Section 25-1-15 - Unlawful issuance of license as misdemeanor.

Section 25-1-24 - Time allowed after license for solemnization of marriage.

Section 25-1-28.1 - Distribution of HIV educational material before license issued.

Section 25-1-29 - Solemnization and recording of marriages required--Common-law marriages prior to 1959 not invalidated.

Section 25-1-30 - Persons authorized to solemnize marriages.

Section 25-1-31 - Solemnization of marriage without license as misdemeanor.

Section 25-1-32 - Identity and ages of parties to be established before solemnization of marriage.

Section 25-1-33 - Solemnization of marriage between unauthorized persons as misdemeanor.

Section 25-1-35 - Certificate delivered to parties--Return to register of deeds.

Section 25-1-36 - Return of marriage performed without person authorized to perform--Failure as petty offense.

Section 25-1-37 - Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department.

Section 25-1-38 - Validity of marriages contracted outside state--Same-sex marriages excluded.

Section 25-1-39 - Marriage voidable if party physically incapable or consent obtained by fraud or force.

Section 25-1-40 - Marital rights not restored by pardon from life sentence.