ENTITLED An Act to modify identification requirements for a marriage license and to provide certain provisions for a name change.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 25-1-10.1 be AMENDED.
25-1-10.1. Application for marriage license--Proof of age and identification required.
To obtain a marriage license, each applicant shall sign the application in person in the presence of the register of deeds or in the presence of a person duly appointed by the register to act in the register's behalf. Each applicant shall provide valid personal identification and provide proof of age prior to issuance of the marriage license. Proof of age and personal identification shall be satisfied by providing a valid:
(2) Federal, state, military, or tribal photo identification;
(3) Certified birth certificate, along with a current school or employment photo ID; or
(4) Certified birth certificate, along with a U.S. Department of the Treasury Form 4029 that is completed.
On the marriage license application, each applicant shall provide the surname the applicant shall be known by after the solemnization of the marriage. This choice shall be indicated on the certificate of marriage and serve as a legal means for a name change. However, a legal name change may not be obtained under this section if either of the applicants is changing a first or a middle name or changing a last name to something other than the applicant's surname, the spouse's surname, or the applicants' hyphenated surnames. Additionally, no person may use a power of attorney to obtain a marriage license.
An Act to modify identification requirements for a marriage license and to provide certain provisions for a name change.
I certify that the attached Act originated in the:
Speaker of the House
President of the Senate
Secretary of the Senate
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2021 at ____________M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2021
Filed ____________, 2021
at _________ o'clock __M.
Secretary of State
Asst. Secretary of State