Gavin Howe
The minimum marriage age has changed over time and varies across jurisdictions. In the United States, the minimum age to marry is generally set at 18, with some states allowing marriage at 16 or 17 with parental consent. However, until 2018, child marriage was legal in all 50 states, and some states, like California, Mississippi, New Mexico, and Oklahoma, currently have no minimum age for marriage. Internationally, the minimum legal age for marriage without parental consent is 18 for women in 158 countries and for men in 180 countries, as of 2010.
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What You'll Learn
Marriage laws in the United States
Historically, marriage laws in the United States were discriminatory, with restrictions based on race, sexual orientation, the number of parties entering the marriage, and familial relationships. Interracial marriage was once forbidden in many states due to racist attitudes, and it was not until 1948 that the California Supreme Court declared such bans unconstitutional. In 1967, the U.S. Supreme Court rendered the remaining interracial marriage laws unenforceable, marking a significant shift toward racial equality.
Another notable aspect of marriage laws in the United States is the minimum age requirement. The general marriage age without parental consent or authorization is 18 in most states, except Nebraska (19) and Mississippi (21). However, some states have lower minimum ages with parental or judicial consent. For example, California allows minors under 18 to obtain a marriage license with court permission.
The laws surrounding underage marriage have been a subject of debate, with critics arguing that they fall short of international standards and facilitate human rights abuses. Since 2017, several states have raised their minimum marriage age or implemented stricter conditions for underage marriages. As of 2025, ten states have banned child marriage entirely, and the minimum age varies across states, with 17 states setting it at 18, 23 states at 16, and two states at 15.
In addition to age requirements, marriage laws in the United States also address different types of marriages. All states recognize civil marriages, while eight states continue to recognize common-law marriages, where couples are considered married for legal purposes without a formal ceremony or marriage license. Same-sex marriage is now legal nationwide following the Supreme Court's decision in Obergefell v. Hodges, which granted marriage rights to all couples at the federal level.
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Parental consent
In the United States, the minimum age at which a person can marry is determined by each state and territory, either by statute or common law. The general marriage age is 18 years old in all states except Nebraska, where it is 19, and Mississippi, where it is 21. In recent years, the trend has been to lower the general marriage age and raise the age for women to match that of men.
The age gap between the parties in underage marriages is also regulated. When parental consent is given for a minor to marry, the age difference between the spouses is typically restricted to three years or less. Some states, like Indiana, mandate marital counselling and a waiting period for such marriages.
The cultural and historical context surrounding parental consent for marriage is noteworthy. Historically, parents exerted control over their children's marriages to protect their estates and ensure their daughters' financial security. However, with a better understanding of adolescent development, the minimum legal age for marriage has gradually increased.
While parental consent laws allow minors to marry, critics argue that child marriage is a human rights violation, exposing minors to abuse, denying their autonomy, and causing negative health and economic consequences. Efforts are underway to end child marriage, with 14 states in the U.S. setting the minimum age at 18 without exceptions.
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The minimum age for marriage
Historically, the minimum marriageable age for females was often lower than for males, on the premise that females mature earlier. This law has been viewed as discriminatory, and in many countries, the marriageable age for females has been raised to equal that of males. For example, in California, Section 56 of the California Civil Code (1872) initially set the age at which a female could marry without parental consent at 15, but this was raised to 18 in 1921. Similarly, in medieval Eastern Europe, the age of consent for marriage was 15 for males and 13 for females, but it was later raised to 18 for males and 16 for females.
In the United States, the minimum age at which a person can marry is set by each state and territory, and there are three sets of laws specifying minimum age requirements: with parental and judicial or court consent, with parental consent, and without parental consent. The general marriage age is 18 years old in all states except Nebraska, where it is 19, and Mississippi, where it is 21. In recent years, there has been a trend to adjust the general marriage age downward and to raise the age for women to match that of men. Since 2017, several states have changed their laws to set or raise their minimum legal age for marriage. For instance, in Massachusetts, the minimum marriage age is 18, but prior to July 29, 2022, adolescents could marry with judicial consent.
Child marriage, or marriage before the age of 18, is considered dangerous and a human rights abuse, as minors have limited legal rights and may be unable to escape forced marriages or abusive situations. Despite this, child marriage is still prevalent in the United States, and as of 2021, only four states had banned the practice in the last three years.
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Marriage and age of majority
Marriage laws vary across the world, and even within countries, the legal age of marriage may differ between states or territories. In the majority of jurisdictions, the marriageable age as a right is set at the age of majority. However, most jurisdictions allow marriage at a younger age with parental or judicial approval, especially if the female is pregnant.
Historically, the minimum marriageable age for females was often lower than for males, based on the premise that females mature earlier. This law has been viewed as discriminatory, so many countries have raised the marriageable age of females to equal that of males.
In the United States, the minimum age at which a person can marry is set by each state and territory, either by statute or common law. The general marriage age is 18 years in all states except Nebraska, where it is 19, and Mississippi, where it is 21. However, in Alabama, the general marriage age is 18, while the age of majority is 19. In recent years, there has been a trend to lower the general marriage age and raise the age for women to match that of men. Until 1971, approximately 80% of states had a general marriage age of 18 for women, while for men it was 21 in approximately 85% of states. In states without a legislated minimum, common law prevails, setting the minimum at 12 years old for females and 14 for males.
In some US states, the minimum marriage age has been subject to change in recent years. For example, in Massachusetts, the minimum marriage age is 18, but before July 29, 2022, adolescents could be married with judicial consent. In California, an unmarried person under 18 may be issued a marriage license with court permission, according to the California Family Code (2019). Historically, the age without parental consent in California was set at 15 in 1872, but this was raised to 18 in 1921.
Child marriage, or marriage before the age of 18, is considered dangerous by many. Minors have limited legal rights and may struggle to escape an unwanted marriage, and child marriage has been linked to negative consequences for health, education, and quality of life. Despite this, child marriage is still prevalent in the US, and in many states, it remains legal. In 2023, 10 states were reported to have passed bans on child marriage, but advocates continue to push for further change.
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Child marriage laws
Child marriage, or marriage before the age of 18, has been considered a human rights abuse with lifelong repercussions on the health, education, economic opportunities, and quality of life of children, especially girls. In the United States, the minimum age for marriage is set by each state and territory, with the general marriage age being 18 years in most states. However, until 1971, approximately 80% of states had a general marriage age of 18 for women, while for men, it was 21 in about 85% of states.
Historically, common law, which specified a minimum age of 12 years for females and 14 for males, prevailed in the absence of legislated minimums. In the late antique period, Roman law permitted women over 25 to marry without parental consent. In the United States, the general marriage age has been revised downward, and currently varies between 18 and 21 years. For instance, in California, an unmarried person under 18 can obtain a marriage license with court permission, while in Massachusetts, the minimum marriage age is 18, with judicial consent no longer required since July 2022.
The age of majority, which is often the marriageable age as a right, is usually 18, but some jurisdictions, like Puerto Rico, set it at 21. While most jurisdictions allow marriage at a younger age with parental or judicial approval, child marriage has become a serious concern. In the United States, child marriage was legal in all 50 states until 2018, and while 10 states have since passed bans, it remains prevalent.
Child marriage creates a legal trap for minors, who often lack the legal rights to escape unwanted marriages or abusive spouses. Minors attempting to leave home may be considered runaways and returned against their will, and advocates helping them may face criminal charges. This has led to tragic outcomes, with some minors turning to suicide attempts and self-harm.
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Frequently asked questions
The legal age to marry in the United States is 18 years old. However, in some states, such as California, Mississippi, New Mexico, and Oklahoma, minors can marry with parental consent.
There is no single date when the legal age to marry was set to 18 across the US. Each state has its own laws regarding the minimum age for marriage, and these laws have changed over time. As of 2023, 14 states have set the minimum age at 18 without exceptions.
Yes, in most states, minors under 18 can marry with parental or judicial consent. However, some states, such as Connecticut, Delaware, and Massachusetts, do not allow marriages under the age of 18, even with consent.
The minimum age for marriage is typically set at 18 to protect minors from the negative social, economic, and health consequences associated with child marriage. Child marriage is considered a human rights violation and is illegal in many countries.
Yes, there are some exceptions to the minimum age requirement in certain states. For example, in California, a minor under 18 can obtain a marriage license with a court order granting permission, and in Guam, 16-year-olds can marry with parental consent.
