South Dakota
South Dakota Emancipation Laws: How to Get Emancipated in South Dakota (2026)
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 1 primary source cited on this page. How we verify our legal content
A South Dakota minor who is at least 16 years old may petition the circuit court for a declaratory judgment of emancipation under SDCL 25-5-26. Marriage and active military service also confer emancipated status automatically under SDCL 25-5-24. Age of majority is 18 under SDCL 26-1-1.
Information last verified on May 31, 2026.
What Does Emancipation Mean in South Dakota?
Emancipation is a legal process that ends a parent's rights and duties over a minor child before that child turns 18. Once a South Dakota minor is emancipated, the law treats them as an adult for most civil purposes. Parents are no longer legally required to provide financial support, and the minor gains the authority to make independent decisions about medical care, housing, contracts, and schooling.
South Dakota defines an emancipated minor in SDCL 25-5-24 as any person under 18 who has entered into a valid marriage (whether or not that marriage has since ended), is on active duty with the U.S. armed forces, or has received a court-issued declaration of emancipation under SDCL 25-5-26. The age of majority in South Dakota is 18 under SDCL 26-1-1, meaning that each of these routes simply moves the legal transition to adulthood earlier than the default.
Emancipation is not automatic upon leaving home or becoming financially self-sufficient. Without a court declaration, marriage, or military service, a minor remains legally subject to parental authority even if they live independently.
How a Minor Can Become Emancipated in South Dakota
Court Declaration (SDCL 25-5-26)
The most common formal route is a petition to the circuit court. A minor who meets the statutory requirements asks the court for a declaratory judgment of emancipation. If the court grants the petition, the clerk files the declaration, which becomes conclusive evidence that the minor is emancipated.
Marriage
Under SDCL 25-5-24, a minor who enters into a valid marriage is automatically emancipated. The emancipated status is not undone if the marriage later ends in divorce or annulment. South Dakota law governing who may marry changed on July 1, 2026 (SL 2026, ch. 118). Under SDCL 25-1-9, both applicants for a marriage license must now generally be at least 18. SDCL 25-1-13 keeps a narrower exception alive: a 16- or 17-year-old may still obtain a marriage license with notarized written consent from both parents or a legal guardian, or with a circuit court order finding the marriage voluntary and in the minor's best interest, as long as the applicants are not more than four years apart in age. Anyone relying on this pathway should consult the current statute, since the requirements changed.
Active Military Service
A minor who is on active duty with the U.S. armed forces is emancipated by operation of law under SDCL 25-5-24. Federal law generally permits enlistment at 17 with parental consent (10 U.S.C. 505). South Dakota law does not add a separate age floor for this pathway beyond federal enlistment requirements.
Express Agreement (SDCL 25-5-19)
South Dakota also recognizes emancipation by express agreement between a minor and both parents (or the surviving parent). The agreement must be submitted to the circuit court in the county where the minor resides, and the court may grant a declaration only if it finds emancipation would not be contrary to the child's best interest. This route sits outside the definition in SDCL 25-5-24, but SDCL 25-5-27 expressly refers to a minor declared emancipated under SDCL 25-5-26 or 25-5-19. It is less commonly used than a direct petition under SDCL 25-5-26.
How to Petition for Emancipation in South Dakota (Circuit Court Process)
The petition for emancipation under SDCL 25-5-26 is filed in the circuit court of the county where the minor resides. The minor files a verified petition, meaning the petition is signed under oath.
What the Petition Must Show
The minor must demonstrate all of the following:
- Age: The minor is at least 16 years old.
- Separate residence: The minor willingly lives separate and apart from their parents or guardian with the consent or acquiescence of those parents or guardian.
- Financial self-management: The minor is managing their own financial affairs.
- Lawful income: The minor's income does not come from any activity declared to be a crime under the laws of South Dakota or the United States.
Notice and Hearing
Before the court hears the petition, notice must be given to the minor's parents, guardian, or other custodian. If the court cannot locate these individuals or notice cannot otherwise be given, the notice requirement may be excused. If the minor is a ward of the state, the relevant state agency receives notice instead.
The Court's Decision
The court will sustain the petition if it finds the minor satisfies all four requirements and that granting emancipation would not be contrary to the minor's best interest. Both the minor and the parents or guardian may appeal an adverse ruling to the South Dakota Supreme Court if they participated in the proceeding.
The Declaration
Once the court sustains the petition, the clerk of courts files a declaration of emancipation. That filed declaration is conclusive evidence that the minor is emancipated. The minor should keep a certified copy, as it will be needed when entering contracts, enrolling in school independently, or accessing medical care without parental consent.
How Old Do You Have to Be, and What Must You Show
South Dakota law sets a clear minimum age of 16 for a petition under SDCL 25-5-26. There is no upper limit other than the age of majority (18), since emancipation is unnecessary once a person becomes an adult.
Beyond age, the four showings described above are all required. Courts do not grant emancipation simply because a minor wants independence or because parents are absent. The minor must demonstrate an existing pattern of separate living, with parental knowledge and acceptance, combined with actual financial self-management funded by a lawful source of income.
There is no filing fee specified in the statute, but circuit court filing fees apply. The minor may wish to consult with an attorney, though legal representation is not required.
What Rights Emancipation Grants in South Dakota, and What It Does Not
Rights Granted Under SDCL 25-5-25
SDCL 25-5-25 provides that an emancipated minor is treated as being over the age of majority for the following purposes:
- Contracts: The minor may enter into binding agreements.
- Medical and psychiatric care: The minor may consent to their own medical and mental health treatment without parental involvement.
- Litigation: The minor may sue and be sued in their own name.
- Residency: The minor may establish legal residency independently.
- Real property: The minor may buy, sell, or lease real property.
- Education: The minor may enroll themselves in school or college.
The duty of an emancipated minor toward their parent is the same as that of an adult child under SDCL 25-5-21.
What Emancipation Does Not Do
Emancipation does not override age requirements set by other laws. Specifically:
- Voting: The right to vote requires age 18 under the U.S. Constitution (26th Amendment). Emancipation does not change this.
- Alcohol: South Dakota follows federal minimum legal drinking age of 21. Emancipation has no effect on this restriction.
- Child labor: The maximum-hour caps in SDCL 60-12-1 apply by their terms only to an "unemancipated child under sixteen years of age," so emancipation lifts them. The separate prohibition in SDCL 60-12-3 on employing a child under 16 in any occupation dangerous to life, health, or morals contains no emancipation exception and still applies. This distinction matters mainly for marriage and military emancipation under SDCL 25-5-24, because a court petition under SDCL 25-5-26 already requires the minor to be at least 16.
- Driving: Licensing age requirements under SDCL Title 32 remain in effect regardless of emancipation.
A declaration of emancipation itself ends all vicarious liability of the minor's parents or guardian for the minor's torts under SDCL 25-5-25(8), with no notice precondition. SDCL 25-5-25 does preserve parental liability where it arises from an agency relationship, from operation of a motor vehicle under SDCL 25-5-15, or from some principle of law other than the parent-child relationship. The actual-notice rule in this chapter runs the other way: under SDCL 25-5-27, on rescission of a declaration no liability may accrue to a parent or guardian who was not given actual notice until that notice is given.
How Emancipation Affects Child Support and FAFSA in South Dakota
Child Support
Under SDCL 25-5-18.1, parents have a legal duty to support their child until the child turns 18 (or 19 if the child is a full-time secondary school student). A court declaration of emancipation ends the parental support obligation earlier than that default age. If a child support order is already in place, a party must typically return to court to seek modification or termination of that order based on the emancipation. The paying parent cannot simply stop paying without a court order modifying the existing support obligation.
For more detail on how child support interacts with emancipation and related state laws, see United States child support laws and the emancipation laws by state hub.
FAFSA and Federal Financial Aid
Under Federal Student Aid rules, a student who is or was a legally emancipated minor (as determined by a court) is classified as an independent student for FAFSA purposes. An independent student does not need to provide parental financial information when applying for federal financial aid. The student must be prepared to provide documentation of the court-issued declaration of emancipation. Students seeking more detail on dependency criteria should consult studentaid.gov directly.
Note that marriage is a separate FAFSA independence criterion. A student who became emancipated through marriage and is no longer married may still qualify as independent based on the marriage history.
Can Emancipation Be Undone?
Yes, in limited circumstances. Under SDCL 25-5-27, an emancipated minor or their conservator may petition the circuit court to rescind the declaration. The court must grant the rescission if it finds the minor is indigent and has no means of support. Notice requirements mirror those for the original petition.
Rescission does not undo contractual obligations, property rights, or other interests that arose while the declaration was in effect. Those rights and obligations remain enforceable.
Under SDCL 25-5-28, a declaration obtained by fraud or by withholding material information is voidable. Any person or agency may initiate proceedings to void such a declaration. As with rescission, voiding does not affect contractual or property rights that arose during the period the declaration was valid.
Disclaimer: This page provides general legal information about South Dakota emancipation laws and is not legal advice. Laws may change, and individual circumstances vary. If you have questions about your specific situation, consult a licensed South Dakota attorney or contact the South Dakota Unified Judicial System at ujs.sd.gov.
Last updated: May 31, 2026.
More South Dakota Laws
Frequently Asked Questions
What is the minimum age to get emancipated in South Dakota?
A minor must be at least 16 years old to file a petition for emancipation in South Dakota circuit court under SDCL 25-5-26. There is no minimum age for emancipation by marriage (subject to applicable marriage age law) or by active military service.
Does a minor need a lawyer to petition for emancipation in South Dakota?
South Dakota law does not require the minor to have legal representation to file a petition for emancipation. However, the petition must be verified (signed under oath), and the court process involves notice to parents, a hearing, and a judicial finding. Many minors benefit from legal assistance. The South Dakota Unified Judicial System's website at ujs.sd.gov lists court locations and may have self-help resources.
Does emancipation in South Dakota end child support?
Yes. Parental support obligations run until age 18 (or 19 for full-time secondary students) under SDCL 25-5-18.1. A court-issued declaration of emancipation terminates that obligation early. If a child support order is already in place, the paying parent must typically seek a court modification order before stopping payments.
Can an emancipated minor in South Dakota buy alcohol or vote?
No. Emancipation does not override age requirements set by other laws. The minimum legal drinking age is 21 under federal and South Dakota law. The right to vote requires age 18 under the U.S. Constitution. Emancipation has no effect on either restriction.
Can emancipation be reversed in South Dakota?
Yes, under SDCL 25-5-27 a court may rescind a declaration of emancipation if the minor is indigent and has no means of support. The minor or their conservator must petition the circuit court. Rescission does not undo contracts or property rights that arose while the declaration was in effect.
Does getting married in South Dakota automatically emancipate a minor?
Yes. Under SDCL 25-5-24, a minor who enters into a valid marriage is automatically emancipated. The emancipated status is not lost if the marriage later ends. As of July 1, 2026 (SL 2026, ch. 118), SDCL 25-1-9 generally requires both marriage-license applicants to be at least 18, but SDCL 25-1-13 still allows a 16- or 17-year-old to marry with notarized parental or guardian consent, or a circuit court order, as long as the applicants are not more than four years apart in age.
How does emancipation affect FAFSA in South Dakota?
A student who has a court-issued declaration of emancipation qualifies as an independent student for FAFSA purposes under Federal Student Aid rules. Independent students do not need to include parental financial information. The student should keep a certified copy of the declaration to document their status.
Updates
Corrected the child labor section: South Dakota's maximum-hour caps (SDCL 60-12-1) apply only to unemancipated children under 16, so emancipation lifts them, while the ban on dangerous occupations (SDCL 60-12-3) still applies; also corrected the parental tort liability rule, which ends on emancipation under SDCL 25-5-25(8) without any notice requirement, and clarified that SDCL 25-5-19 is a further court-approved route alongside the three in SDCL 25-5-24.
Updated the marriage section to reflect that South Dakota's July 1, 2026 marriage-age change (SL 2026, ch. 118) is now in effect, and clarified that 16- and 17-year-olds can still marry -- and be automatically emancipated by marriage -- with notarized parental/guardian consent or a court order, subject to a new four-year maximum age gap between spouses.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Dakota Codified Laws, Chapter 25-5: PARENT AND CHILD
§ 25-5-26Petition for emancipation--Procedure.In forcecited in 2 of our articles
A minor may petition the circuit court of the county in which he resides for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all of the following: (1) That he is at least sixteen years of age; (2) That he willingly lives separate and apart from his parents or guardian with the consent or acquiescence of his parents or guardian; (3) That he is managing his own financial affairs; (4) That the source of his income is not derived from any activity declared to be a crime by the laws of the State of South Dakota or the laws of the United States. Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents, guardian, or other person entitled to the custody of the minor, or proof made to the court that their addresses are unknown, or that for other reasons such notice cannot be given. If a minor is a ward or dependent child of the state, notice shall be given to the appropriate state agency. The court shall sustain the petition if it finds that the minor is a person that fulfills the requirements of this section and that emancipation would not be contrary to his best interest.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at sdlegislature.gov
Also relied on in: South Dakota Child Support Laws (2026): Guidelines & Calculator
§ 25-5-24Emancipated minor defined.In force
Any person under the age of eighteen years who: (1) Has entered into a valid marriage, whether or not such marriage was terminated by dissolution; or (2) Is on active duty with any of the armed forces of the United States of America; or (3) Has received a declaration of emancipation pursuant to § 25-5-26; is an emancipated minor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1994
Opinions citing this section in our collection:
- Planned Parenthood, Sioux Falls Clinic v. Miller (District Court, D. South Dakota 1994, 860 F. Supp. 1409)“…on is not revealed to her parents. 2 . SDCL 25-5-24 defines an emancipated minor as any per…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-25Age of majority for certain purposes--Parent or guardian liability.In force
An emancipated minor shall be considered as being over the age of majority for the following purposes: (1) For the purpose of consenting to medical, chiropractic, optometric, dental, or psychiatric care, without parental consent, knowledge or liability; (2) For the purpose of his capacity to enter into a binding contract; (3) For the purpose of his capacity to sue and be sued in his own name; (4) For the purpose of his right to support by his parents; (5) For purposes of the rights of his parents to his earnings, and to control him; (6) For the purpose of establishing his own residence; (7) For the purpose of buying or selling real property; (8) For the purpose of ending all vicarious liability of the minor's parents or guardian for the minor's torts; and (9) For the purpose of enrolling in any school or college. Nothing in this section may be construed to relieve the minor's parents or guardian from any liability for the torts of an emancipated minor if the liability arises out of an agency relationship, out of the operation of a motor vehicle as provided in § 25-5-15 or some other principle of law other than the parent-child relationship.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1994
Opinions citing this section in our collection:
- Planned Parenthood, Sioux Falls Clinic v. Miller (District Court, D. South Dakota 1994, 860 F. Supp. 1409)“…declaration of emancipation pursuant to § 25-5-26; SDCL 25-5-25. Age of majority for certain purposes —…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-19Emancipation by express agreement--Approval of circuit court.In force
Emancipation is express when it is by agreement of both parents if living, and if not, the surviving parent and the child. Any such express agreement of emancipation shall be presented to the circuit court of the county in which the child resides for approval. The court shall issue a declaration of emancipation if it finds the emancipation would not be contrary to the child's best interest. The declaration of emancipation and a copy of the agreement shall be filed by the clerk of courts.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1980
Opinions citing this section in our collection:
- Matter of Guardianship of DLL & CLL (South Dakota Supreme Court 1980, 291 N.W.2d 278)“…he child is actually obtaining support by other means * *." SDCL 25-5-19. In this case, the father foresaw a len…”
- Guffin v. R. L. (South Dakota Supreme Court 1980, 291 N.W.2d 278)“…nd the child is actually obtaining support by other means * SDCL 25-5-19. In this case, the father foresaw a len…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-27Rescission of declaration of emancipation.In force
A minor declared emancipated under § 25-5-26 or 25-5-19 or his conservator may petition the circuit court of the county in which he resides to rescind the declaration. Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents or guardian or proof made to the court that their addresses are unknown, or that for other reasons such notice cannot be given. However, no liability may accrue to any parent or guardian not given actual notice, as a result of rescission of the declaration of emancipation, until such parent or guardian is given actual notice. The court shall sustain the petition and rescind the declaration of emancipation if it finds that the minor is indigent and has no means of support. If the petition is sustained, the court shall forthwith issue a court order rescinding the declaration of emancipation granted under § 25-5-26, which shall be filed by the clerk of court. Rescission of the declaration of emancipation does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 25-5-28Declaration obtained by fraud voidable--Proceedings.In force
A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. The voiding of any such declaration pursuant to this section does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect. A proceeding under this section may be commenced by any person or by any public or private agency. Notice of the commencement of such a proceeding and of any order declaring the declaration of emancipation to be void shall be consistent with the requirements of § 25-5-27.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 25-5-18.1Parental duty to support child.In forcecited in 2 of our articles
The parents of any child are under a legal duty to support their child in accordance with the provisions of § 25-7-6.1, until the child attains the age of eighteen, or until the child attains the age of nineteen if the child is a full-time student in a secondary school. If it is determined by the court that the child support obligation survives the death of the parent, the amount due may be modified, revoked, or commuted to a lump sum payment by the court, taking into consideration all factors deemed relevant, including the financial resources of the child and the other parent and the needs of the decedent's family.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Whalen v. Whalen (South Dakota Supreme Court 1992, 490 N.W.2d 276)“…uring the minority of the parties' children as set forth at SDCL 25-5-18.1 and the Child Support Guidelines of the…”
- Radigan v. Radigan (South Dakota Supreme Court 1991, 465 N.W.2d 483)“…of eighteen, or nineteen if they are still in high school. SDCL 25-5-18.1; Birchfield v. Birchfield, 417 N.W.…”
- Miller v. Jacobsen (South Dakota Supreme Court 2006, 714 N.W.2d 69)“…urt erred when it failed to comply with SDCL 25-5-18.1 and specify the termination date of Tod…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-15Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases excepted--Specific findings in disputed cases.In force
Any person, firm, association, private or public corporation, including the State of South Dakota and its political subdivisions, suffering damages to real, personal, or mixed property, or personal injury, through any malicious and willful act of a minor child under the age of eighteen years while residing with the child's parents, has a cause of action against and may recover from the parents of such child. In each case the amount of recovery against one or both of the parents is limited to actual damages of two thousand five hundred dollars and the taxable court costs, and does not apply to damages proximately caused through the operation of a motor vehicle by the minor child. If the issue is disputed, any determination that a parent is not responsible for the full amount of actual damages and costs authorized by this section shall be justified in a specific finding, in writing or on the record.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State Auto Insurance Companies v. B.N.C. (South Dakota Supreme Court 2005, 702 N.W.2d 379)“…aused by her daughter under the parental liability statute, SDCL 25-5-15. On its direct negligence claims…”
- Dan Nelson, Automotive, Inc. v. Viken (South Dakota Supreme Court 2005, 706 N.W.2d 239)“…ds and defining public corporation to include “the state”); SDCL 25-5-15 (governing parental liability for willf…”
- Englund v. Vital (South Dakota Supreme Court 2013, 838 N.W.2d 621)“…of the minor’s parents to $2,500 plus taxable court costs. SDCL 25-5-15. Although no one here characterizes th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-5-21Duty of emancipated child to parent.In force
The legal duty of an emancipated child to his parent is the same as that of a child who has reached his majority.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
South Dakota Codified Laws, Chapter 26-1: RIGHTS AND OBLIGATIONS OF MINORS
§ 26-1-1Age of minority--Calculation of age.In force
Minors are natural male persons and natural female persons under eighteen years of age. The periods thus specified must be calculated from the first minute of the day on which persons are born, to the same minute of the corresponding day completing the period of minority.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Alley v. Siepman (South Dakota Supreme Court 1974, 87 S.D. 670)“…is in a category declared by the legislature to be a minor (SDCL 26-1-1), she was born August 4, 1954, and thus…”
- State v. Byrd (South Dakota Supreme Court 1986, 398 N.W.2d 747)“…on becomes an adult in South Dakota at the age of eighteen. SDCL 26-1-1. An antinomy, in philosophical use…”
- Department of Social Services of South Dakota Ex Rel. Wright v. Byer (South Dakota Supreme Court 2004, 678 N.W.2d 586)“…f they are attending school, until their 19th birthday. See SDCL 26-1-1; SC: 26-1-3; SDCL 25-5-18.1. These righ…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
South Dakota Codified Laws, Chapter 25-1: VALIDITY AND PERFORMANCE OF MARRIAGES
§ 25-1-9Age of consent to marriage--Exception.In forcecited in 2 of our articles
Except as provided in § 25-1-13, no marriage may be contracted in this state unless both individuals applying for the marriage license have attained the age of eighteen at the time the marriage license is issued.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Alley v. Siepman (South Dakota Supreme Court 1974, 87 S.D. 670)“…t which age she would be capable of consenting to marriage (SDCL 25-1-9), and at 18 no longer a minor but an ad…”
- State v. Twyford (South Dakota Supreme Court 1971, 85 S.D. 522)“…in the State of South Dakota is sixteen years or upwards. SDCL 25-1-9. Under-age marriage is permitted in cas…”
- State v. Diaz (South Dakota Supreme Court 2014, 847 N.W.2d 144)“…26-2-7 (blood donation); SDCL 13-27-1 (school attendance); SDCL 25-1-9 (marriage); SDCL 35-9-1, -2.3 (alcohol…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Marriage License Requirements 2026: $40 Fee, No Wait
§ 25-1-13Marriage of minor--Court approval or parental consent--Age difference prohibition.In forcecited in 2 of our articles
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 § 25-113.1, 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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
United States Code Title 10
§ 505Regular components: qualifications, term, gradeIn forcecited in 9 of our articles
The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, of qualified, effective, and able-bodied persons who are not less than seventeen years of age nor more than forty-two years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of his parent or guardian, if he has a parent or guardian entitled to his custody and control. A person is enlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard in the grade or rating prescribed by the Secretary concerned. The Secretary concerned may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years, in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be. The Secretary concerned may accept a reenlistment in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, for a period determined under this subsection.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Hodgson v. Minnesota (1990) read section 505(a) as requiring only the consent of one parent or guardian for a minor to enlist, citing it in holding a two parent abortion notice requirement unconstitutional. United States v. Lenoir (1969) described section 505 as allowing enlistment at seventeen with written parental consent.
Opinions citing this section in our collection:
- United States v. Lenoir (United States Court of Military Appeals 1969, 18 C.M.A. 387)“…atute continued in effect until repealed and superseded by 10 USC § 505 , which provides that any male not less…”
- Boyce v. United States (United States Court of Federal Claims 2023)“…mited or defined period of time known as an enlistment. See 10 U.S.C. § 505 (2018). In addition, the statute at 10…”
- Graham v. Florida (Supreme Court of the United States 2010, 560 U.S. 48)“…e sentences if they commit certain nonhomicide crimes. See 10 U.S.C. §§ 505 (a) (permitting enlistment at age 17),…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Emancipation Laws: How to Get Emancipated in Alaska (2026), North Dakota Emancipation Laws: How Minors Become Emancipated in North Dakota (2026), Washington, D.C. Emancipation Laws: How Minors Become Emancipated (2026)
South Dakota Codified Laws, Chapter 60-12: CHILD LABOR--DISCRIMINATION ON BASIS OF SEX
§ 60-12-1Maximum hours for children under sixteen--Exceptions--Misdemeanor.In force
No unemancipated child under sixteen years of age may be employed for more than four hours in any school day, twenty hours in any school week, eight hours in any nonschool day, forty hours in any nonschool week, or after 10 p.m. in any day that precedes a school day. The provisions of this section do not apply to children employed as actors or performers in motion pictures, theatrical, radio, or television productions. The provisions of this section do not apply to roguing or detasselling of hybrid seedcorn for any nonschool day or nonschool week. The employment of a child in violation of this section is a Class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 60-12-3Prohibited employment or exploitation of minors--Separate age limit for pumping fuel--Misdemeanor--Employment by parents excepted--License, permit, or certificate for agricultural employment.In force
No child under sixteen years of age may be employed at any time in any occupation dangerous to life, health, or morals, nor may any child be in any manner exploited by any employer. However, it is permissible to employ children over fourteen years of age to dispense gasoline, gasohol, diesel fuel, and oil at gasoline service establishments. Violation of this section is a Class 2 misdemeanor. This section does not apply to minors employed by their parents or to minors who have successfully completed a safety course and received a license, permit, or certificate from a state or federal agency to operate agricultural equipment or otherwise to be employed in any occupation in an agricultural occupation within the scope of the license, permit, or certificate.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 1992
Opinions citing this section in our collection:
- Jensen v. Sport Bowl, Inc. (South Dakota Supreme Court 1991, 469 N.W.2d 370)“…e machines” and from working later than 7:00 p.m. Moreover, SDCL 60-12-3 prohibits children under sixteen years…”
- Strain v. Christians (South Dakota Supreme Court 1992, 483 N.W.2d 783)“…not concur with the majority’s position that a violation of SDCL 60-12-3 imposes strict or absolute liability on…”
- Brunner v. Hutchinson Division, Lear-Siegler, Inc. (District Court, D. South Dakota 1991, 770 F. Supp. 517)“…ger to life, health, or morals. SDCL 25-5-16; SDCL 22-18-5; SDCL 60-12-3. Although, a parent has no duty to prev…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- SDCL 25-5-24: Emancipated minor defined(sdlegislature.gov)
- SDCL 25-5-25: Age of majority for certain purposes(sdlegislature.gov)
- SDCL 25-5-26: Petition for emancipation; procedure(sdlegislature.gov)
- SDCL 25-5-27: Rescission of declaration of emancipation(sdlegislature.gov)
- SDCL 25-5-28: Declaration obtained by fraud voidable(sdlegislature.gov)
- SDCL 25-5-19: Emancipation by express agreement(sdlegislature.gov)
- SDCL 25-5-18.1: Parental duty to support child(sdlegislature.gov)
- SDCL 26-1-1: Age of majority(sdlegislature.gov)
- SDCL 25-1-9: Age of consent to marriage(sdlegislature.gov)
- Dependency Status: Federal Student Aid(studentaid.gov)
- SDCL 25-1-13: Marriage of a minor between the ages of sixteen and eighteen(sdlegislature.gov).gov
- SDCL 60-12-1: Maximum hours for children under sixteen(sdlegislature.gov)
- SDCL 60-12-3: Prohibited employment or exploitation of minors(sdlegislature.gov)