(House Bill 1268)
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:
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
of the marriage license. Proof of age and personal identification
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
applicant shall be known by after the solemnization of the marriage.
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.
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.
Signed March 16, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.