Florida Outlaws Marriage under the Age of 18 - Sunshine State Blazing the Trial to Outlaw Child Marriage in the US

Florida Child Marriage Ban Photo Source: Adobe Stock Image

With the recent passage of SB140, minors under the age of 18 will no longer be able to legally marry in the state of Florida, with a narrow exception for certain 17-year-olds. The new law is effective July 1, 2018, when Florida joins only a handful of other states with similarly protective laws.

Prior to the passage of SB140, females in Florida could marry at any age with a parent's consent if they were pregnant. Also, Florida law allowed all minors to marry with parental consent, if they were married before, or if they had a child. The new law establishes a minimum age of 18 to legally marry in the Sunshine State. The only exception is for 17-year-olds who can marry with the written consent of a parent or legal guardian, so long as the older party to the marriage is not more than two years older than the younger party.

Critics of the exception for 17-year-olds raise the question whether such a marriage is taking place with parental consent, or due to parental pressure. Some question whether a pregnant girl or expectant father truly wishes to marry or is instead pushed into it by the parents, invoking clichés such as "you got yourself into this mess" or "do the right thing."

Children can Legally Marry in Most States

Florida's prior law did not include a minimum age for marriage, but the state was not alone in that. A full 22 states currently have no minimum age to marry, and only some of those states require parental consent or judicial approval for minors. Others have exceptions such as in the case of pregnancy. In the 28 states that do have minimum ages, the requirement ranges from 17 all the way down to 13. In New Hampshire, where the state motto is "Live free or die," females aged 13 or older and males aged 14 or older can legally marry. Most states that allow marriage under the age of 18 limit the law to either 16 or 17 year olds, and then only with parental consent.

Two states actually have a minimum age above 18. In Nebraska you have to be 19 to marry, although you can get married as young as 17 with parental consent. In Mississippi the age is 21 to tie the knot. Females 15 to 21 and males 17 to 21 there can marry with parental consent and court approval.

Miranda Polley
Miranda Polley
Miranda Polley has been crafting legal content for the web since completing law school in 2010. Her expertise lies in preparing compelling copy for various lawyer and law firm websites, leveraging her skills as a proficient legal writer. Miranda ensures that the content not only informs the reader but also adheres to SEO best practices, maximizing its reach across targeted audience segments.
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