Thursday, Feb. 26, 2026
Can some minors legally marry in South Dakota?
South Dakota is one of 34 states that allow some children under the age of 18 to marry.
Teens aged 16 and 17 can get married in the state if they have permission from a parent or legal guardian, which has been the law since 1993, though several previous attempts to change the law have been rejected.
A bill introduced in the 2026 legislative session would raise the age to 18 but allows teens 16 and 17 with an age gap of no more than four years to marry if granted from a court hearing or with parental permission.
According to the website Unchained At Last, 881 children (under the age of 18) were married in South Dakota from 2000-23.
Child marriage was legal in all 50 states until 2018, when Delaware and New Jersey banned it. Since then, 14 more states and Washington, D.C., have joined them.
This fact brief is responsive to conversations such as this one.
Sources
- Sioux Falls Argus Leader South Dakota lawmakers kill bill that would change minimum age of marriage from 16 to 18
- KELO-TV Child marriage bill moves on with amendment
- UnchainedAtLast.com Child marriage in South Dakota
- 19thNews.org Child marriage is still legal in two-thirds of U.S. states. Here's why.
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network.
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