South Dakota sets court and consent rules for under-18 marriages

A marriage license may be issued to applicants under 18 only when each applicant is at least 16 and the required court order and written consent are provided. The rule covers one or two applicants who are minors. The applicants may not be more than four years apart in age. A court must find that the marriage is voluntary and in the minor applicant's best interest. If one applicant is a minor, two parents or the minor's legal guardian must provide notarized written consent. If both applicants are minors, the required notarized consent must come from two parents or a legal guardian for each minor, or from two parents for one minor and the other minor's legal guardian. The age and consent requirements apply when the marriage license is issued.

A court must hold an in-person hearing with both applicants, meet privately with each applicant, and make written findings before approving a minor's marriage. The process applies when applicants seek the court order required for a marriage involving one or two minors. The court must consider the minor's safety, maturity, and long-term welfare. The court must decide whether the marriage is free from coercion, fraud, and undue influence. A marriage license may not be issued until 30 days after judicial approval. The private meetings, hearing, and written findings occur before approval, and the 30-day waiting period begins when judicial approval is granted.

A person who knowingly solemnizes a marriage without the required minor-marriage approvals may be charged with a Class 1 misdemeanor. The rule applies to anyone who performs a marriage ceremony when a party is under 18 and the required conditions were not met. The offense also covers solemnizing a marriage involving a person of unsound mind or another legal impediment. The person must know that the legal requirement or impediment exists. The penalty applies when the person knowingly solemnizes the marriage.