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. (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 § 25-113.1, a certified copy of which must be submitted to the register of deeds;

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

   1. (a) Two parents of the minor; or
   2. (b) The legal guardian of the minor; or

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

   1. (a) Two parents of each minor;
   2. (b) The legal guardian of each minor; or
   3. (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.