An Act to support the betterment of revise provisions related to the marriage of minors in South Dakota.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 25-1-9 be AMENDED:

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.

Section 2. That § 25-1-13 be AMENDED:

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, Notwithstanding § 25-1-9, a marriage license may be granted to an applicant between the age of sixteen and eighteen if:

(1) The other party to the marriage is not more than three years older than the applicant and not younger than sixteen years;

(2) A notarized statement of consent to marry from one parent or legal guardian of the applicant 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; and

(3) Written authorization from a court exercising juvenile jurisdiction in the county where either party to the marriage resides is filed in the office of the county register of deeds prior to issuing the license.

Before issuing written authorization for a minor applicant to marry, the court shall determine that the minor is entering into the marriage voluntarily and the marriage is in the best interest of the minor under the circumstances. The court may require both parties to the marriage to complete premarital counseling prior to the issuance of the court's written authorization.

Section 3. That § 25-1-33 be AMENDED:

25-1-33. A person who is guilty of a Class 1 misdemeanor if the person solemnizes any marriage where either of the parties is known to him to be knowing that:

(1) Either party is 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 eighteen and the requirements set forth in § 25-1-13 have not been met;

(2) Either party is of unsound mind, or any marriage to which, within his knowledge, any; or

(3) Any other legal impediment exists, is guilty of a Class 1 misdemeanor.

Section 4. That § 25-3-4 be AMENDED:

25-3-4. A marriage may be annulled by bringing an action in the circuit court to obtain a decree of nullity if the party in on whose behalf it the decree is sought to have the marriage annulled was under the age of legal consent eighteen at the time of the marriage, and such marriage was contracted without the consent of his or her parents or guardian or person having charge of him or her the requirements set forth in § 25-1-13 were not met, unless, after attaining the age of consent, such eighteen, the party, for any time, freely cohabitated with the other party to the marriage as husband or wife.

An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the:

(1) The party to the marriage who was married under the age of legal consent eighteen, within four years after arriving at the party attains the age of consent, or by a eighteen; or

(2) A parent, guardian, or other person having charge of such nonaged male or female or legal guardian of the party to the marriage who was married under the age of eighteen, at any time before such married minor has arrived at the party attains the age of legal consent eighteen.