25-1-13. Marriage of minor--Court approval or parental consent--Age difference prohibition.

Except as provided in this section, a marriage license may be issued to two individuals, one of whom is a minor or both of whom are minors, provided that the individuals applying for the marriage license are at least sixteen years old and have obtained:

(1)    A circuit court order following a determination by the court that the marriage is voluntary and in the best interest of the minor applicant, or minor applicants, as applicable, pursuant to § 25-1-13.1, a certified copy of which must be submitted to the register of deeds;

(2)    If only one applicant is a minor, written consent, notarized and submitted to the office of the county register of deeds, from:

(a)    Two parents of the minor; or

(b)    The legal guardian of the minor; or

(3)    If both applicants are minors, written consent, notarized and submitted to the office of the county register of deeds, from:

(a)    Two parents of each minor;

(b)    The legal guardian of each minor; or

(c)    Two parents of one minor and the legal guardian of the other minor.

A marriage license may not be issued under this section if the age difference between the applicants is greater than four years.

Source: SDC 1939, § 14.0113; SL 1988, ch 202, § 3; SL 2026, ch 118, § 2.