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Posted on: June 29, 2021

Application for Marriage License Changing July 1st

On July 1, 2021 South Dakota marriage license application law (SDCL 25-1-10.1 )  will be amended to the following: 

On July 1, 2021 marriage license applicants must prove their identity by providing 1 of the following

(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.

Also, each applicant must provide on the application the surname (last name) they will be known as after marriage.  That being the applicant’s surname, the spouse’s surname or the applicants’ hyphenated surnames.  


South Dakota codified law 25-1-10.1  states: 

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 and personal identification shall 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 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.


Contact the Register of Deeds office at 605-696-8240 with any questions.


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