(Above: Frankie Ortega`s mother was forced into marriage when she was 14. Courtesy of Frankie Ortega) In Texas, a child — of any age — can marry as long as a judge approves it. And 16- and 17-year-olds can marry as long as they have their parents` consent. But all that changes on September 1, […] In Massachusetts, the general age of marriage is 18, but minors can be married with judicial approval. Unlike many other states,[2] child marriage in Massachusetts does not automatically emancipate the minor or increase his or her legal rights beyond allowing the minor to consent to certain medical treatments. [3] There is little variation over time or between states in laws without parental consent. [1] Prior to 1971, about 80% of states reported an age of 18 for marriage without parental consent for women and about 85% declared an age of 21 for men. [1] If at least one of the spouses has not yet reached the general age of marriage, the marriage is considered a minor. Six states completely ban underage marriage: Delaware, New Jersey, Minnesota, Rhode Island, Pennsylvania and New York. Other states may require the minor partner to obtain either parental consent, judicial authorization, or both, or to invoke “extraordinary circumstances.” The minimum age of marriage for minors, when all extenuating circumstances are taken into account, is generally between 15 and 17 years, but may be lower in California and Massachusetts. Nine states do not allow a person over the age of 21 to marry a minor. In California, the applicable law is found in California Family Code Sections 302 and 304 (2019): “An unmarried person under the age of 18 may obtain a marriage certificate upon receipt of a court order authorizing the person or persons to marry in accordance with the requirements described in Section 304.” [11] Historically, Section 56 of the California Civil Code (1872) established 15 as the age at which a woman could marry without her parents` consent. In 1921, the age was raised to 18.
[12] There are three types of age of marriage: (1) the general age of marriage, (2) the minimum age of marriage established by law, and (3) the minimum age of marriage established by law. There are three types of laws that set the minimum age for marriage: (1) the minimum age with parental and judicial or judicial consent, (2) the minimum age with parental consent, and (3) the minimum age without parental consent. In recent years, the trend has been to adjust the general age of marriage downwards and to raise the age of women to that of men. In 1971, about 80 percent of states had a general age of marriage of 18 for women, while for men, the general age of marriage was 21 in about 85 percent of states. [1] “I am grateful that the modern realities of child marriage and the overwhelming knowledge of the harmful consequences were grounded by them. SB 1705 reduces the likelihood of future stolen childhoods,” Williams said. This law is a big problem for Texas, where the rate of child marriage is one of the highest in the country. According to a 2016 report by the Pew Research Center, nearly seven out of every 1,000 minors ages 15 to 17 were married in 2014, a rate only surpassed by West Virginia. The national average is five per 1,000, and all other states in the country have a rate of less than six per 1,000.
(Tahirih also pointed out that the Pew report may be underestimating the rates because it does not count children under 15 or minors between the ages of 15 and 17 who were married but are already divorced.) Between 2000 and 2014, nearly 40,000 minors were married in Texas, Tahirih said, citing statistics from the Texas State Department of Health Services. Most of these minors were children and adolescents, some as young as 12 years old, who married adult men. The age of marriage in the United States is the age at which a person can marry in the United States as a right or with parental consent or other authorization. This age is determined by each state and territory, either by statute or by common law. In general, a person can marry after reaching the age of 18 in all states except Nebraska, where the general age of marriage is 19, and Mississippi, where the general age of marriage is 21. [1] The general age of marriage is generally the age of majority, although in Alabama the general age of marriage is 18, while the age of majority is 19. A person under the age of 18 may not be a party to an informal marriage or make an informal declaration of marriage. Learn more about the basics of age of marriage requirements in Texas in the following table, with links to related documents. For more information, see Marriage Requirements Basics: Consent, Age and Legal Capacity and FindLaw`s extensive Marriage Law section for more articles and resources.
Abbott is working hard to undermine services and protections for women and children in his state — he recently called a special session to pass restrictions on abortion insurance and anti-transgender bathroom laws. On the day he signed the ban on child marriage, he also signed a law allowing child protection programs not to place children from LGBTQ or non-Christian families on religious grounds. But unlike his Republican counterparts in other states, Abbott has not argued that adults who get children pregnant should be allowed to marry them. On the issue of child marriage, on the inflated curve by which we have to measure today`s GOP, Abbott gets an A! Age of marriage laws in Texas are fairly simple, but every situation is unique. If you have any other questions or concerns about this or any other family-related issues, you may need to contact a local lawyer. Get a head start today by meeting with a Texas family attorney in your area. In many states (but not Massachusetts),[2] the marriage of a minor automatically emancipates him or increases his or her legal rights beyond the minor`s permission to consent to certain medical treatments. [3] If at least one of the spouses has not reached the general age of marriage, the marriage is considered a minor and may require parental consent and/or judicial approval. Young people can also marry in “exceptional circumstances”. A person under the age of 18 applying for a marriage license must: Governor Greg Abbott recently signed a law banning child marriage. Since September, no one under the age of 16 can marry in Texas.
