Child marriage is still legal in 34 U.S. states as of 2026. Only 16 states and the District of Columbia set 18 as the absolute minimum marriage age with no exceptions. Everywhere else, a minor can obtain a marriage license through some mix of parental consent, judicial approval, an age-floor exception, or, in a few states, pregnancy.
The 34 States That Still Allow It
Minors can still marry in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.
These states are not equally permissive. Some require both parental consent and a court order and refuse to license anyone under 17. Others are far more open. California, Mississippi, New Mexico, and Oklahoma have no statutory minimum age at all, which means a child of any age could in theory marry with the right approvals in place.
Kentucky’s senate unanimously approved a full ban in early 2026, but that bill still needs to pass the state house before it changes anything.
The States Where the Answer Is No
Sixteen states and D.C. prohibit marriage before 18 with no exceptions. A county clerk in these jurisdictions cannot issue a license to a minor regardless of parental consent, judicial approval, or pregnancy. The list, in the order the bans took effect: Delaware and New Jersey (2018), Pennsylvania and Minnesota (2020), Rhode Island and New York (2021), Massachusetts (2022), Vermont, Connecticut, and Michigan (2023), Washington, Virginia, and New Hampshire (2024), and Maine, Oregon, and Missouri (2025).
How the Exceptions Work in the 34 States
Parental Consent
Parental or guardian consent is the most common route. At least one parent or legal guardian signs a written authorization, usually at the county clerk’s office where the marriage license is filed. Roughly two-thirds of the states that allow minor marriage require only one parent’s signature rather than both. If no parent consents, this route closes. Consent from a parent only authorizes the marriage; it does not waive any age floor, waiting period, or judicial requirement the state also imposes.
Judicial Approval
Many states require a judge to sign off, either together with parental consent or on its own. The court holds a hearing and decides whether the marriage is in the minor’s best interests. Statutes give judges little concrete guidance on what that standard means in a marriage context, and advocacy groups have found that some courts effectively rubber-stamp parental consent rather than conducting an independent review.
Where judicial approval is meaningful, courts are directed to look for signs of coercion and to weigh the minor’s maturity. Montana requires the minor to attend counseling before the court will act. A few states allow a separate advocate to be appointed for the minor. If the judge denies the petition, the license cannot issue no matter what the parents want.
Age Floors
Most states that allow minor marriage set an age floor below which no combination of approvals will produce a license. These floors usually sit at 16 or 17. The four states without any statutory floor are California, Mississippi, New Mexico, and Oklahoma.
Age-Gap Caps
A growing number of states also limit how much older the other spouse can be:
- Florida caps the gap at two years.
- Alaska, Arizona, Colorado, Idaho, and Louisiana cap it at three years.
- Georgia, Indiana, North Carolina, Ohio, Tennessee, and West Virginia allow up to four years.
- Utah permits up to seven years.
States without an age-gap rule leave the door open for much older adults to marry teenagers.
Pregnancy Exceptions
Arkansas, Maryland, New Mexico, and Oklahoma still allow pregnancy or the birth of a child to justify a marriage that would otherwise fall below the state’s age minimum. These provisions date to a period when the legal system prioritized legitimizing births over protecting the minor.
What a Marriage License Actually Changes for a Minor
In nearly every state, marriage triggers full emancipation. The married teenager is treated as a legal adult for most purposes. Parents lose their authority and their obligation to provide support, housing, or insurance. The minor can sign contracts, manage property, keep their earnings, and file lawsuits. Emancipation typically survives even if the marriage ends in divorce or annulment before the minor turns 18.
Emancipation has firm limits, though. A married minor still cannot vote until 18, buy alcohol until 21, or buy tobacco until 18. Retaining an attorney independently generally requires being 18, and domestic violence shelters often have policies or licensing rules that complicate admitting an unaccompanied minor. Getting out of a bad marriage is harder for someone the law now treats as an adult for contracts but a child for most protective services.
If the Marriage Happens in One State and the Couple Moves to Another
Recognition across state lines is unsettled. The State Department’s guidance notes that some states honor marriages performed elsewhere even when their own laws would not have allowed them, while others refuse recognition when the marriage violates their public policy.1U.S. Department of State. 9 FAM 102.8 Family-Based Relationships A marriage valid where performed may still face legal challenges after a move. Anyone in this situation should consult an attorney in both states.
Is There a Federal Minimum Age
No. Marriage law is a state matter, which is why the map looks the way it does. The Child Marriage Prevention Act was introduced in the Senate during the 118th Congress as S.4990 and would have set federal standards, but it did not advance to a vote before the session ended.2Congress.gov. S.4990 – Child Marriage Prevention Act of 2024 Until Congress acts, the answer to whether a minor can marry depends entirely on which state they are in.