ENTITLED An Act to revise provisions related to name changes when obtaining a marriage license.

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. To obtain a marriage license, each applicant shall sign the marriage license 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 before issuance of the marriage license. Proof of age and personal identification must be satisfied by providing a valid:

(1) Passport;

(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 name the applicant shall be known by after the solemnization of the marriage. This choice must be indicated on the certificate of marriage and serve as a legal means for a name change. A first name may not be changed under this section. A middle name may only be changed if an applicant is changing the applicant's surname to become a middle name. A surname may only be changed to adopt the spouse's surname or the applicants' hyphenated surnames.

No person may use a power of attorney to obtain a marriage license.

An Act to revise provisions related to name changes when obtaining a marriage license.