Chapter 78

(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:

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 prior to before issuance of the marriage license. Proof of age and personal identification shall 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 thesurname name the applicant shall be known by after the solemnization of the marriage. This choice shall must 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 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.

Overstrikes indicate deleted language.