California may soon make a major change to its marriage laws by prohibiting anyone under the age of 18 from getting married.
Assembly Bill 1267 has passed the California Legislature and is now awaiting action from Governor Gavin Newsom. If signed, the bill would establish 18 as the minimum age to marry in California, without an exception allowing a minor to marry with parental consent and court approval.
The proposal has also created an unusual legal and policy debate. Supporters argue that California should not permit children to enter into the legal contract of marriage. Opponents, including the American Civil Liberties Union of California, have raised concerns about minors’ autonomy and their ability to make important personal and reproductive decisions.
Here is what Californians should know about the current law, the proposed change, and why AB 1267 has become controversial.
Is Child Marriage Legal in California?
Yes.
California currently does not establish an absolute minimum age at which a person may marry.
Under existing California law, a person under 18 can obtain permission to marry through a court process that also involves written consent from a parent or guardian. California law contains additional procedures intended to determine whether the proposed marriage is voluntary.
That means the frequently repeated statement that someone must be 18 to get married in California is not currently correct.
California is unusual in this respect. According to legislative discussions surrounding AB 1267, California, New Mexico, and Mississippi are the remaining states without a statutory minimum marriage age.
What Is California AB 1267?
Assembly Bill 1267 would change California law by prohibiting people under 18 from obtaining a marriage license.
The legislation would also eliminate the existing mechanism that allows a minor to marry after obtaining the required court order and parental or guardian consent.
The enrolled version of AB 1267 would make corresponding changes to several sections of the California Family Code and would similarly prevent people under 18 from establishing a registered domestic partnership.
In practical terms, the rule would become much simpler:
You would have to be at least 18 years old to marry in California.
Parental permission would not create an exception. Judicial approval would not create an exception.
Has California Banned Child Marriage Yet?
Not yet.
This distinction is important because news coverage about legislation can sometimes make a proposed law sound like it has already taken effect.
As of September 17, 2026, AB 1267 has passed both houses of the California Legislature. The enrolled bill was presented to Governor Gavin Newsom on September 3, 2026.
The Governor can sign the legislation or veto it. According to CalMatters, the deadline for gubernatorial action is September 30.
Until the legislative process is complete, California’s existing law governing marriages involving minors remains in place.
Why Do Supporters Want California to Raise the Marriage Age to 18?
Supporters of AB 1267 argue that people under 18 should not be permitted to enter into marriage because minors do not have the same legal independence as adults.
The issue becomes particularly significant when a marriage involves a minor and a substantially older adult.
Supporters have also focused on the possibility of coercion, domestic violence, sexual exploitation, trafficking, and family pressure. During legislative hearings, supporters argued that judicial and parental approval may not adequately protect a minor when the people surrounding that minor are themselves involved in pressuring the minor to marry.
Survivors of marriages entered into while they were minors have also testified before California lawmakers about the difficulty of leaving those relationships.
The argument behind AB 1267 is therefore not simply that marriage is a major decision. Supporters contend that the legal system should establish a clear line at adulthood rather than attempting to determine on a case-by-case basis whether a particular child should be allowed to marry.
Why Has the ACLU Opposed the California Child Marriage Ban?
This is where the debate becomes more complicated.
The ACLU has opposed AB 1267. Its position is based in part on concerns about minors’ autonomy.
In a June 2026 opposition letter quoted by CalMatters, the organization argued that an absolute prohibition would depart from California’s history of recognizing that minors can make certain significant personal decisions, particularly decisions involving reproductive autonomy.
The concern is that eliminating a minor’s ability to marry could remove one legal option available to a young person seeking independence from parents or guardians.
That does not necessarily mean opponents are arguing that marriages between young children and adults should be encouraged. Rather, the disagreement involves whether California should impose an absolute age restriction or preserve some form of individualized decision-making for minors.
What Is Planned Parenthood's Position?
Planned Parenthood has historically opposed efforts to completely prohibit marriage involving minors in California, according to CalMatters.
Its position has similarly involved concerns about reproductive freedom and bodily autonomy.
However, Planned Parenthood did not formally oppose AB 1267 in 2026. The organization remained neutral on the legislation.
That change is notable because previous attempts to establish a minimum marriage age in California have stalled amid opposition from influential civil liberties and reproductive rights organizations.
California Has Tried to Address This Issue Before
AB 1267 is not California’s first attempt to establish a minimum marriage age.
Lawmakers have debated the issue for years.
A 2017 proposal initially sought a complete prohibition on marriage under 18 but was substantially changed during the legislative process. The resulting law instead strengthened the procedures surrounding marriages involving minors while continuing to permit them.
Another effort in 2024 sought to prohibit marriage by minors but did not advance.
AB 1267 therefore represents the latest chapter in a much longer debate over how California should balance child protection, parental authority, judicial oversight, and the autonomy of minors.
What Would Happen to Existing Marriages Involving Minors?
AB 1267 primarily changes who may obtain a marriage license going forward.
The enrolled legislation also addresses California’s annulment statutes. This is important because changing the minimum marriage age does not automatically mean every existing marriage involving someone who was a minor simply disappears.
Marriage validity, annulment, and the distinction between marriages that are void and marriages that are voidable can create separate legal questions.
Anyone dealing with an existing marriage involving a person who was under 18 when the marriage occurred should therefore look at the law applicable to that particular marriage rather than assuming AB 1267 automatically determines its legal status.
Child Marriage and California Statutory Rape Laws Are Separate Legal Issues
Another issue raised during the debate involves California’s age-of-consent laws.
Marriage law and criminal law are separate areas of California law. Whether a marriage is legally recognized does not mean every form of sexual conduct is automatically lawful, nor should the rules governing marriage licenses be treated as identical to California’s criminal statutes governing unlawful sexual intercourse and other sexual offenses.
The interaction between these laws is one reason the child-marriage debate has generated complicated legal questions.
Supporters of AB 1267 argue that California’s marriage laws should not create situations in which the state authorizes a marital relationship involving a person whom other California laws still treat as a minor.
What Happens Next With AB 1267?
AB 1267 is currently on Governor Newsom’s desk.
If the Governor signs the bill, California would join the growing number of states that require a person to reach 18 before marrying.
If the Governor vetoes it, California’s existing system permitting minors to marry through the court process would remain unless the Legislature later enacts another change.
The important point for Californians right now is that AB 1267 has not yet become law.
The Legislature has approved the prohibition. The final outcome now depends on gubernatorial action.
Frequently Asked Questions About Child Marriage in California
What is the legal age to get married in California?
Adults who are 18 or older can marry without going through the special procedures applicable to minors. Under current California law, however, a person under 18 may marry after satisfying statutory requirements that include court approval and parental or guardian consent.
Does California currently have a minimum marriage age?
California currently does not impose an absolute statutory minimum age for marriage. AB 1267 would change that by establishing 18 as the minimum.
Can a 16-year-old get married in California?
Under current law, being 16 does not automatically prevent someone from marrying, but a minor cannot simply obtain a marriage license in the same manner as an adult. California requires additional judicial and parental or guardian involvement.
If AB 1267 becomes law, a 16-year-old would no longer be permitted to obtain a California marriage license.
Can parents give permission for their minor child to marry?
Under existing California law, parental or guardian consent is part of the process for a minor seeking permission to marry, along with court approval.
AB 1267 would eliminate that pathway. A parent’s consent would no longer allow someone under 18 to obtain a marriage license.
Has Governor Newsom signed AB 1267?
As of September 17, 2026, no. The Legislature has passed AB 1267 and the bill has been presented to Governor Newsom, but it is still awaiting gubernatorial action.
Would AB 1267 also affect domestic partnerships?
Yes. The enrolled legislation would also prohibit a person under 18 from establishing a registered domestic partnership in California.
The Bottom Line
California currently allows minors to marry under a court-supervised process involving parental or guardian consent. AB 1267 would replace that system with a clear minimum age of 18.
The legislation has already passed the California Legislature and is awaiting Governor Newsom’s decision.
The debate surrounding the bill demonstrates that the legal issue is broader than whether child marriage should exist. California lawmakers and advocacy organizations have also wrestled with questions involving minors’ legal autonomy, reproductive rights, parental authority, judicial oversight, exploitation, and the state’s responsibility to protect children.
If AB 1267 becomes law, however, the practical rule will be straightforward: marriage and registered domestic partnerships in California will be limited to adults who are at least 18 years old.
Mines Law Firm will continue monitoring significant changes to California law and explaining what new legislation means for Californians.