Full question:
I am a 21-year-old boy living in the state of South Dakota. Last week I proposed my 16-year-old girlfriend and she accepted my proposal. Does my girlfriend need to take permission from her parents before marrying me?
- Category: Marriage
- Subcategory: Minor
- Date:
- State: South Dakota
Answer:
In South Dakota, a person who is minimum of 18 years or older is capable of consenting for marriage. If a person, between the ages of 16-18 is intending to marry then such person has to take consent (notarized statement) from at least one parent or legal guardian before entering into marriage. The relevant statutory provision in this regard is:S.D. Codified Laws § 25-1-9:
“Any unmarried applicant for a marriage license who is eighteen years old or older, and who is not otherwise disqualified, is capable of consenting to and consummating a marriage. If either applicant for a marriage license is between the age of sixteen and eighteen, that applicant shall submit to the register of deeds a notarized statement of consent to marry from one parent or legal guardian of the applicant.”
In the instant case, as your girlfriend is 16 years old, she may have to take consent from either of her parents before marrying.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
