In the United States, the legal age of marriage by state is 18 almost everywhere, with Nebraska requiring 19 and Mississippi requiring 21 to marry without parental consent. Below those thresholds the law splinters: at least 16 states and the District of Columbia have banned marriage under 18 outright, while the rest allow minors to marry under some combination of parental consent, judicial approval, or prior emancipation, and a handful of states set no statutory minimum age at all.
The Default Age Is 18
Turning 18 lets you apply for a marriage license on your own in nearly every state. At that point you can walk into a county clerk’s office, fill out the application, and marry without anyone else’s permission. The age tracks the age of majority: 18 is when the law treats you as an independent adult who can sign contracts, file taxes, and manage property, and marriage touches all of those.
Two states set the bar higher. Nebraska’s age of majority is 19, so you need to be 19 to marry there without parental consent.1Nebraska Legislature. Nebraska Revised Statutes 43-2101 Mississippi’s threshold for marrying without parental consent is 21, though the state separately allows males as young as 17 and females as young as 15 to marry with parental approval.2Justia Law. Mississippi Code 93-1-5 – Conditions Precedent to Marriage Everywhere else, 18 is the line.
States That Have Banned Marriage Under 18
A growing group of states has removed every exception that once let minors marry. As of 2025, at least 16 states and the District of Columbia set the marriage floor at 18 with no workaround for parental consent, judicial approval, pregnancy, or emancipation. The list, in order of adoption: Delaware and New Jersey in 2018; Pennsylvania and Minnesota in 2020; Rhode Island and New York in 2021; Massachusetts in 2022; Vermont, Connecticut, and Michigan in 2023; Washington, Virginia, and New Hampshire in 2024; and Maine, Oregon, and Missouri in 2025.
New York’s statute is representative. Under Domestic Relations Law Section 15-a, any marriage involving someone under 18 is prohibited, and a clerk who knowingly issues a license to a minor commits a misdemeanor.3New York State Senate. New York Domestic Relations Law 15-A – Marriages of Minors Under Eighteen Years of Age Delaware’s is similarly blunt: no one under 18 gets a marriage license.4Justia Law. Delaware Code Title 13 123 – Marriage of Minors; Consent Forms
States Where Minors Can Still Marry
The remaining states fall into four groups, and the distance between them is wide. “Emancipation required” is a meaningful safeguard; “parental signature only” is not.
Emancipation-Only States
Five states let minors marry only if a court has already declared them legally emancipated: Georgia, Indiana, Kentucky, Ohio, and Texas. Texas Family Code Section 2.003 states that no one under 18 can marry unless a court has removed the “disabilities of minority” through an emancipation order.5State of Texas. Texas Family Code 2.003 – Application for License by Minor Because emancipation itself requires proof of financial independence and a separate court proceeding, minor marriage is rare in these states even without an outright ban.
States Requiring Judicial Approval
About 13 states require a judge to sign off on any minor’s marriage, whether or not the parents consent. In Colorado, a 16- or 17-year-old needs a court order directing the clerk to issue the license, and a guardian ad litem investigates and reports to the judge, who decides whether the marriage serves the minor’s interests.6Colorado Judicial Branch. Instructions for Petition for Underage Marriage California goes further. Family Code Section 304 requires Family Court Services to interview each party separately and screen for coercion, fraud, or duress, and the court may order premarital counseling covering the social and financial responsibilities of marriage.7California Legislative Information. California Code FAM 302 – Unmarried Person Under 18 Years of Age Marriage License
States Allowing Parental Consent Alone
Roughly 21 states still let older minors, typically 16 or 17, marry with only a parent’s permission. A parent or legal guardian signs a consent form at the clerk’s office and the license is issued. No independent party reviews whether the marriage is voluntary, which is why child-welfare advocates have focused on this group: parental consent provides no protection when the parent is the one applying the pressure.
States With No Statutory Age Floor
California, New Mexico, Oklahoma, and Mississippi set no minimum marriage age by statute. California’s judicial review requirements under Family Code Section 304 create a practical barrier even without a numeric floor. In states with weaker procedural safeguards, the absence of a floor means children well below 16 can in theory be married. Several states also lower whatever minimum exists when the minor is pregnant. Arkansas, Maryland, New Mexico, and Oklahoma all have some form of pregnancy exception that reduces the minimum age or removes the judicial approval requirement.
How a Minor Actually Gets Permission
The procedure depends on which category the state falls into, but it comes down to one or more of three paths.
Parental Consent
Where a parent’s signature is enough, both the minor and the consenting parent or guardian usually have to appear in person at the county clerk’s office. The parent signs a consent affidavit, typically under oath before a notary or deputy clerk.8Lancaster County Nebraska. Affidavit and Consent to Minor’s Marriage The minor brings a certified birth certificate and government-issued photo identification. If only one parent has legal custody, the clerk will usually ask for proof of that arrangement. Some states require consent from both parents when both have legal authority.
Judicial Approval
In states that require court involvement, someone files a petition and a judge evaluates the circumstances before issuing an order. Courts typically consider the age gap between the parties, the minor’s financial situation, any evidence of coercion, and whether the marriage appears to serve the minor’s well-being. Some states appoint an independent advocate for the minor. Only after the judge signs the order does the clerk issue the license.
Emancipation
In emancipation-only states, the minor must already hold a court order declaring them an independent adult before applying for a marriage license. Emancipation is its own petition and requires proof of financial self-sufficiency, so it is not a shortcut. The minor presents the certified emancipation order to the clerk along with the license application.5State of Texas. Texas Family Code 2.003 – Application for License by Minor
What Happens If an Underage Marriage Is Challenged
If the marriage took place in a state that has banned marriage under 18, it was prohibited from the start, and a clerk who issued the license may face criminal penalties, as in New York.3New York State Senate. New York Domestic Relations Law 15-A – Marriages of Minors Under Eighteen Years of Age
In states that still allow minor marriage under certain conditions, a marriage performed without the proper authorization is generally voidable rather than void. The difference matters. A void marriage is treated as though it never existed; a voidable marriage is presumed valid until a court declares it null. To undo an underage marriage, the minor or their parent or guardian typically has to file a petition for annulment. Many states give the minor a limited window after reaching the age of majority to bring the challenge, and if the minor reaches adulthood and continues living with the spouse without objecting, some states treat the marriage as ratified and no longer subject to annulment on age grounds.
The Direction the Law Is Moving
In 2017, marriage under 18 was legal in all 50 states. By 2025, at least 16 states and D.C. had eliminated it entirely, and another five permitted it only for emancipated minors, which is functionally close to a ban. States that still allow 15- or 16-year-olds to marry on a parent’s signature are increasingly the minority, and several have pending legislation that would close the gap. If you are checking the rule for a specific state, read that state’s current domestic relations code directly. This area has been changing year to year.