Why Is Child Marriage Legal In The Us?

Child marriage remains legal in 80% of U.S. states, with no federal law regarding it. Each state sets its own requirements, and data collected from 41 states shows that over 200,000 minors were married in the U.S. between 2000 and 2015. Child marriage was legal in all 50 states until 2018, and since then, 10 states have passed laws to protect children from its negative impacts. Three factors improve child protection from the severe negative impacts of child marriage: mandatory age floors set at 18 and proof of age and residency requirements.

All child marriage is considered forced marriage by the UN Human Rights Office of the High Commissioner, while the US State Department considers it a form of forced marriage. Congress has set some limits on child marriage, but because marriage is regulated at the state level, the United States has no national law banning child marriage and no national minimum age to marry.

Child marriage and forced marriage are violations of child protection and human rights, compromising a child’s development, health, wellness, and opportunities in life. In Canada, more than 3,600 marriage certificates were issued to children under the age of 18 between 2000 and 2018, according to a new study from researchers at McGill University.

Despite the U.S. government advocating for an end to child marriage worldwide, it remains legal in at least a dozen states and has support from some GOP lawmakers. Child marriage undermines statutory rape laws, and while the U.S. has vocally opposed child and forced marriage in other countries, laws against it inside the U.S. are patchy, weak, and fail to protect children from abuse, harm, violence, and exploitation.

Can a 14 year old get married in Texas?

You must be at least 18 to marry. You must be 18 to marry. If you’re between 16 and 18, you need parental consent or a court order to marry. If you’re under 16, you need a court order to marry.

Can a 14 year old marry an adult in Texas?

You must be at least 18 to marry. You must be 18 to marry. If you’re between 16 and 18, you need parental consent or a court order to marry. If you’re under 16, you need a court order to marry.

Can a 17 year old get married in Texas?

Age requirements: You must be 18 years of age to marry on your own. If youre between 16 and 18, you must have parental consent or a court order granting permission to marry.

Which country has the youngest marriage age?

Sudan had a different policy about marriage age. Muslim children could get married at puberty. Non-Muslim children could only marry after they were 13 or 15. In late 2020, Sudan changed the legal age for marriage to 18, outlawing child marriage.

Is it illegal to get married at 14 in the US?

5 states set an age floor below age 16: Alaska; Hawaii; Kansas; Maryland; and North Carolina. not set any age floor by statute, though some (e.g., Massachusetts) may suggest an age floor through case law.

Is child marriage a problem in the US?

Many children and teenagers are legally married in the United States each year. A 2021 study by Unchained at Last found that almost 300,000 minors got married between 2000 and 2018.

Can 10 year olds get married in California?

The minimum age to marry varies by state. Seven states have no minimum age. UNICEF USA is working with Unchained at Last to end child marriage in the United States. Eleven U.S. states have banned marriage before 18 with no exceptions. California could be next.

Ask your elected officials to end child marriage with no exceptions. Child marriage violates children’s rights. Janette was 14 and in ninth grade in Southern California when she met her future husband, who was 21. Her mom let him sleep on the couch. I wondered why he was there. Next thing I know, I’m at his place, said Janette, now an activist working to end child marriage. I know now. She got me.

Why does child marriage happen in the US?

Families see child marriage as a way to cope with economic hardship. Parents marry their daughters because they think it will protect them from violence. Displacement makes girls more vulnerable to child marriage.Girls may marry or enter informal unions with older men who promise to reunite them with family members who have already migrated or been displaced. Child marriage is used as a weapon of war and to hide human trafficking and sexual abuse. Access to education is reduced, and schools and children may be targeted or recruited by armed actors. This makes girls more likely to be exploited and abused, including being forced into slavery or child marriage. For more information on child marriage and insecurity, see our Humanitarian learning page.

Sources. 1. AJWS and others, Child, Early and Forced Marriage and the Control of Sexuality and Reproduction, 2015.

Can a 5 year old get married in California?

California law requires a person under 18 years of age to obtain consent from at least one parent or guardian and permission in the form of a court order. Granting permission for a minor to marry or establish a domestic partnership is entirely within the discretion of the court.

1. Parental consent: Mother, father, or legal guardian may file a Consent for Minor to Marry or Establish a Domestic Partnership (JC Form #FL-912) or similar pleading at the Juvenile Court (2851 Meadow Lark Drive).

2. Unless the minor is 17 years of age and has a high school diploma or a high school equivalency (GED) certificate, each party must participate in a Family Court Services interview and interview with the judicial officer.

At the time the parties file the Application for Permission to Marry or Establish a Domestic Partnership with the juvenile court, each party must separately complete and submit a Family Court Services (FCS) Questionnaire Regarding Application For Permission For Minor(s) To Marry Or Establish Domestic Partnership (SDSC Form FCS-067) and must provide copies of the minor’s birth certificate (and high school diploma or GED certificate, if applicable). When the Questionnaires are submitted, an appointment for an interview with Family Court Services will be scheduled for the parties and for the consenting parent(s) or guardian(s) of minor(s) at the address indicated below. It is mandatory for the parties to meet separately with a Family Court Services Counselor. After the interviews, Family Court Services will provide a report to the juvenile court pursuant to Family Code sections 297.1 and 304.

Can a 13 year old get married in the US?

What is child marriage, and is it really happening in the United States?. Child marriage occurs when one or both of the parties to the marriage are below the age of 18. Child marriage is currently legal in 38 states (only Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont have set the minimum age at 18 and eliminated all exceptions), and 20 U.S. states do not require any minimum age for marriage, with a parental or judicial waiver.Nearly 300,00 children were married in the U.S. between 2000 and 2018. The vast majority were girls wed to adult men, many much older.

What is the “statutory rape exception”?. Statutory rape is when one of the parties to sexual activity is below the age of consent. It does not have to be forcible, because a minor is not legally able to consent. In most states, child marriage is considered as a valid defense to statutory rape. The marital defense to statutory rape also used to be permitted under federal law in 18 U.S.C. Section 2243(c).

While 18 U.S.C. 2243 was amended by the Violence Against Women Reauthorization Act of 2022 to eliminate this statutory rape defense, a similar defense still exists in the United States Military Code under 10 U.S.C. Section 920b.