SD Legislature updates name change law, fixing last year’s mistake

A year ago, the South Dakota Legislature prohibited middle name changes at the time of marriage, taking away a popular choice for brides who wanted to share their husband’s last name but keep their maiden name as a middle name. Thankfully in the 2022 session and with unanimous and bipartisan support, the South Dakota Legislature and Governor Noem fixed last year’s mistake. 

Starting on July 1, 2022, when someone gets married in South Dakota, they once again can change their middle name. First names cannot be changed on the marriage license, but South Dakota Codified Law § 25-1-10.1 will soon allow middle names to be changed “if an applicant is changing the applicant’s surname to become a middle name.” Additionally, a surname can be changed “to adopt the spouse’s surname or the applicants’ hyphenated surnames.” 

Under the new law, a bride can take her husband’s surname and move her maiden name to her middle name. Imagine a woman named Sadie Marie Smith who wants to take her husband’s name at marriage but does not want to entirely drop her maiden name of Smith. Under the new law, Sadie Marie Smith can marry Paul Johnson and she can become either Sadie Marie Smith Johnson (with two middle names) or she can become Sadie Smith Johnson (dropping her original middle name and replacing it with her maiden name).  

Although having more name options available would be better, I appreciate that our Legislature and Governor at least restored the right of a bride to keep her maiden name as a middle name, an option that has been popular for many decades. For couples wanting a wider variety of name options, a destination wedding in our neighboring states of Iowa, Minnesota, and North Dakota will come with laws granting more name options.

Not every legislative mistake is easily fixed, and sometimes bad laws stick around because no one will admit mistakes. In this instance, however, a bipartisan effort quickly fixed a needless problem, and for that I am appreciative.

Hannah Haksgaard, Vermillion, is a Professor of Law at the University of South Dakota Knudson School of Law. Statements and opinions set forth by Professor Haksgaard are her views as an individual and do not reflect the views of the South Dakota Board of Regents, the University of South Dakota, or the Knudson School of Law.