Yes, cousin marriage is legal in South Dakota under specific conditions. State law permits first-cousin unions, provided neither party is already married or closely related by blood beyond first cousins. No recent legislative changes (as of 2026) have altered this status, though local county clerks may enforce additional procedural checks.
Key Regulations for Cousin Marriage in South Dakota
- First-cousin unions permitted: South Dakota Codified Laws § 25-1-1 prohibits marriages only between ancestors, descendants, siblings, half-siblings, or uncles/aunts and nieces/nephews. First cousins are explicitly excluded from these restrictions.
- Age and consent requirements: Both parties must be at least 18 years old or meet emancipation criteria under SDCL § 25-1-3. Parental consent is mandatory for minors aged 16–17.
- No additional state-level bans: Unlike some states, South Dakota does not impose extra restrictions (e.g., genetic counseling) on cousin marriages. However, county officials may request proof of non-consanguinity beyond first cousins during license issuance.
Local compliance relies on county registrars verifying no prior marriages or prohibited relationships exist. The South Dakota Department of Health’s Vital Records Division (2026) confirms no pending statutory amendments targeting cousin marriages. Couples should consult county-specific documentation requirements before applying for a marriage license.