As of 2025, 34 states still allow child marriage under some combination of parental consent, judicial approval, pregnancy, or other statutory exceptions. The other 16 states and Washington, D.C. have set 18 as the absolute minimum age with no exceptions, a group that has grown quickly since Delaware became the first state to ban the practice outright in 2018. Where a minor can legally marry, the rules differ sharply on how young is too young and what, if anything, stands between a child and a marriage license.
States That Have Banned Marriage Under 18
In these states and D.C., no parental consent form, judicial order, pregnancy, or emancipation decree can authorize a marriage license for anyone under 18. The year each ban took effect:
- 2018: Delaware, New Jersey
- 2020: Pennsylvania, Minnesota
- 2021: Rhode Island, New York
- 2022: Massachusetts
- 2023: Vermont, Connecticut, Michigan
- 2024: Washington, Virginia, New Hampshire
- 2025: Washington, D.C., Maine, Oregon, Missouri
The statutes are blunt. New Jersey prohibits issuing a marriage or civil union license to anyone under 18.1Justia. New Jersey Code 37-1-6 – Prohibition of Issuance of Marriage, Civil Union License to Minor Pennsylvania’s domestic relations code uses nearly identical language.2Pennsylvania General Assembly. Title 23 – Domestic Relations Virginia, which previously allowed emancipated minors to marry, closed that loophole in 2024.3Virginia Code Commission. Virginia Code 20-48 – Minimum Age of Marriage A clerk who issues a license to a minor in any of these states is violating the law.
States That Still Allow Minors to Marry
The remaining 34 states fall into three tiers based on how low the minimum age floor goes. The floor is the number that matters most, because it is the age below which no exception, no parental signature, and no judge’s order can authorize a marriage.
Floor of 17
Florida is the only state with a floor of 17. Even with parental consent, no one younger than 17 can obtain a marriage license, and the older party cannot be more than two years older than the 17-year-old.4Florida Senate. Florida Code 741.04 – Issuance of Marriage License That two-year spousal gap limit is the strictest among states that still allow minor marriage.
Floor of 16
This is the largest group. Alabama, Alaska, Arizona, Colorado, Idaho, Illinois, Indiana, Iowa, Louisiana, North Carolina, North Dakota, South Carolina, South Dakota, Utah, West Virginia, Wisconsin, and Wyoming all set 16 as the lowest age at which a marriage can occur. Most require parental consent for 16- and 17-year-olds, and several add judicial review on top. Wyoming requires both parental consent and approval from a judge of a court of record before a clerk can issue a license to a 16- or 17-year-old.5Justia. Wyoming Statutes 20-1-102 – Minimum Marriageable Age; Exception; Parental Consent West Virginia layers in a spousal age cap: the minor must be at least 16, the minor and a parent or guardian must both consent in writing, and the prospective spouse cannot be more than four years older.6West Virginia Legislature. West Virginia Code 48-2-301 – Age of Consent for Marriage; Exception
Floor of 15, Lower, or None
A few states sit at the permissive end of the spectrum. Kansas allows 15-year-olds to marry if a judge finds it in the child’s best interest. Oklahoma generally prohibits marriage under 16 but carves out exceptions when the minor is pregnant or in settlement of a paternity case.7Justia. Oklahoma Statutes 43-3 – Who May Marry Mississippi sets different minimum ages by gender, 17 for males and 15 for females with parental consent, and a judge can waive even those minimums if the parents agree and the court finds “sufficient reasons.”8Justia. Mississippi Code 93-1-5 – Conditions Precedent to Issuance of License; Penalty for Noncompliance Mississippi is also unusual because its general age of majority for marriage purposes is 21, so 18-, 19-, and 20-year-olds still need parental consent.
California has no statutory minimum age at all. A minor of any age can marry with at least one parent’s written consent and a court order granting permission. In theory, a child of any age could be legally married in California or in another state like Mississippi where judicial discretion reaches that far.
How Parental and Judicial Consent Works
Where exceptions apply, the gatekeepers are parents, judges, or both.
Parental consent usually means a signed and notarized document from at least one parent or legal guardian, filed with the marriage license application. Some states require both parents unless one has sole custody or is deceased. The parent typically has to appear in person before the clerk or a notary. Oklahoma, for example, lets a parent consent in person before the licensing authority or submit a written statement acknowledged before a judge or court clerk.7Justia. Oklahoma Statutes 43-3 – Who May Marry
Judicial consent adds a court review in which a judge is supposed to evaluate whether the marriage serves the minor’s best interest. What that review looks like varies widely. Some states require an in-person interview with the minor; others give judges broad discretion with few procedural requirements. Few states require the court to hear from the minor outside the presence of the parent or prospective spouse, and almost no state requires appointment of an independent attorney or guardian ad litem to represent the minor’s interests. The minor is often in the room with the very people pushing for the marriage and may have no independent legal advice about what they are agreeing to.
What Marriage Does and Does Not Give a Minor Legally
Marriage changes a minor’s legal status in some ways but not others, and the gaps matter.
Contracts and Housing
In most states, marriage does not automatically give a minor the legal capacity to sign contracts. A married 16-year-old may be unable to sign a lease or open a bank account without a co-signer. Mississippi explicitly requires a person to be 18 to enter binding contracts affecting property regardless of marital status, and a married minor who needs contract rights has to file a separate court petition to remove the “disability of minority.”
Divorce
A minor who can legally marry often cannot legally file for divorce. In some states, a person under 18 is treated as an “individual under disability” who cannot independently initiate or defend a lawsuit. A married minor who wants out may need a parent to begin divorce proceedings on their behalf. When the parent consented to the marriage in the first place, the conflict of interest is obvious. A minor who turns 18 while a case is pending can usually proceed on their own, but the wait can trap someone for months or years.
Medical Decisions
Marriage generally does grant a minor the right to consent to their own medical care. In most states, a married minor is treated as emancipated for medical decision-making and can authorize or refuse treatment without parental involvement. That authority does not automatically extend to making medical decisions for an incapacitated spouse, which typically requires a formal power of attorney.
Will a Child Marriage From One State Be Recognized in Another
The general rule is “place of celebration”: a marriage valid where it was performed is typically valid everywhere. Federal immigration authorities apply this rule when evaluating marriages for visa and naturalization purposes.9U.S. Citizenship and Immigration Services. Marriage and Marital Union for Naturalization
States have historically reserved the right to refuse recognition of out-of-state marriages that violate their strong public policy, but whether a child marriage qualifies is not settled law in most jurisdictions and has not been widely litigated. Some states that ban child marriage have not explicitly addressed whether they will recognize such marriages performed elsewhere, so a couple who marries as minors in one state and later moves should not assume the question is resolved.