California Bans Child Marriage, but 32 States Still Allow It

Nearly 315,000 minors legally married in the United States between 2000 and 2021. California has now raised the minimum marriage age to 18 without exceptions, but much of the country still allows minors to marry under certain conditions.

Why The California Child Marriage Ban Matters

California has closed a legal loophole that for years allowed minors under 18 to marry.

Governor Gavin Newsom signed AB 1267 into law on Wednesday, September 30, setting 18 as the minimum age to marry or enter into a domestic partnership, with no exceptions.

But California is only the 18th state to establish a complete ban.

In 32 other states, it is still possible to marry before turning 18.

The Data

The scale of the phenomenon is greater than many Americans might imagine.

Nearly 315,000 minors legally married in the United States between 2000 and 2021, according to a study published in 2025 by Unchained At Last.

86% were girls, and most married adult men who were, on average, about four years older. Ninety-six percent of the minors were 16 or 17 years old, although marriages involving children as young as 10 were documented.

What Changed with the California Child Marriage Ban

Until this week, California was one of only three states, along with Mississippi and New Mexico, that did not even establish a specific minimum age for marriage.

The law allowed a person under 18 to marry with judicial approval and the written consent of at least one parent or legal guardian.

AB 1267 eliminates those exceptions.

As of the new law’s effective date, a person must be 18 years old to obtain a marriage license in California.

The change is significant: it is estimated that around 35,000 minors married in California between 2000 and 2021.

Where Is It Still Legal?

The national map is changing rapidly.

In 2017, marriage before 18 was still legal in all 50 states.

Since then, Delaware, New Jersey, Pennsylvania, Minnesota, Rhode Island, New York, Massachusetts, Vermont, Connecticut, Michigan, Washington, Virginia, New Hampshire, Maine, Oregon, Missouri, and Oklahoma have passed complete bans. California has now joined that list. Washington, D.C., has also banned it.

That leaves 32 states where minors can still marry under certain circumstances, generally through exceptions involving age, parental consent, or judicial approval.

And there are two standout cases:

Mississippi and New Mexico still do not establish a statutory minimum age for marriage, according to Unchained At Last’s tracking.

Visual suggestion: three simple categories:

• 18 years old, no exceptions
• Minors can marry under certain conditions
• No minimum age specified: Mississippi and New Mexico

Nevada Tops the List

The most recent available data dates back to 2021, an important limitation to keep in mind.

Among states with available information, Nevada recorded the highest rate of child marriage: approximately 6.15 per 1,000 minors.

It was followed by Idaho, at approximately 3.56, and Utah, at 3.23.

At the opposite end, Maine, New Hampshire, and Rhode Island recorded rates below 0.2 per 1,000 minors.

Nationally, the average recorded rate was more than 2 per 1,000 girls, compared with 0.31 per 1,000 boys.

A Difference That Matters

Child marriage and forced marriage do not mean exactly the same thing.

A minor can marry under a legal exception without necessarily having been forced to do so.

But organizations seeking to eliminate these exceptions argue that age can make it difficult for a minor to give independent consent, obtain legal representation, or leave a relationship against their parents’ wishes.

Supporters of the bans also point to a particularly sensitive legal contradiction: some documented marriages involved ages or age differences that, outside marriage, could have violated state laws governing sexual relations with minors.

Unchained At Last estimates that at least 66,415 of the marriages recorded between 2000 and 2021 fell into that category.

The Other Side of the Debate

Absolute bans have not advanced without opposition.

In California, civil liberties organizations opposed earlier versions of the measure, arguing, among other things, that an absolute ban could limit the autonomy of some minors and create difficulties for adolescents who were already parents.

Supporters of AB 1267 responded that parental consent and judicial oversight are not sufficient protections when a minor may be facing pressure from the very adults they depend on.

This time, the bill reached the governor without a single vote against it, according to the office of its author, Assemblywoman Gail Pellerin.

A Child Marriage Survivor Behind the Change

California’s campaign was driven in large part by people who married as minors.

Among them is Sara Tasneem, who has publicly recounted being forced to marry at 15.

Courtney Stodden also participated. Stodden was 16 when she married actor Doug Hutchison, who was then 50, and later described that relationship as abusive and predatory.

Newsom described the new ban as a long-overdue measure to protect California’s minors.

What to Watch

California was one of the most significant cases for advocates pushing for nationwide bans, both because of the size of its population and because, until now, it had no established minimum marriage age.

Its exit from that category leaves Mississippi and New Mexico as the only two states without a specified statutory minimum age.

The national trend is also clear: in 2017, no state completely banned marriage before 18. Today, 18 do.

But the map remains divided.

Depending on the state where an American teenager lives, turning 18 may be an absolute requirement for marriage, or it may not.

What You Need to Know About Child Marriage

If you have a teenager in your family, the rules depend on the state where they live.

Before assuming the minimum age is 18, review current state law. Unchained At Last maintains a national map identifying the minimum age and applicable exceptions in each state.

If there is concern about a possible forced or coerced marriage, specialized organizations and state child protection agencies can provide guidance on available options.

FAQ

Is child marriage legal in the United States?
Yes. After California’s new ban, 32 states still allow a person under 18 to marry under certain circumstances.

How many states ban marriage before 18?
Eighteen states currently establish 18 as the minimum age without exceptions.

Which states do not have a specified minimum age for marriage?
Mississippi and New Mexico.

How many minors have married in the United States?
A study by Unchained At Last estimates that nearly 315,000 minors legally married between 2000 and 2021.

Main sources: California Government; AB 1267; Unchained At Last; Stateline; CalMatters.