Chapter 115

(House Bill 1067)

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 may and personal identification shall be satisfied by providing a certified copy of a birth certificate or any photographic identification which includes the applicant's name and date of birth. No person may use a power of attorney to obtain a marriage license a valid:

(1) Passport;

(2) Federal, state, military, or tribal photo identification;

(3) Birth 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.

Signed March 3, 2021

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.