Virginia is the first state in the South to end child marriage

RICHMOND, Va. — Virginia will soon become the first state in the South to outlaw child marriage, establishing a minimum marriage age of 18 without exceptions. 

Under the new law, which goes into effect on July 1, minors — even those legally emancipated — will not be allowed to marry. This closes a legal loophole that previously allowed minors aged 16 or older to marry, if a court declared them legal adults through emancipation.

In April, Gov. Glenn Youngkin signed into law House Bill 994 which prohibits anyone under the age of 18 from being wed, including teenagers seeking emancipation.

The bill was introduced by Del. Karen Keys-Gamarra (D-7) in January and passed in both the House and the Senate. It was adopted with amendments in March.

This comes eight years after the Commonwealth raised the minimum age to marry to 18, except for emancipated minors who a judge determined were voluntarily entering the marriage.

Before that change in 2016, Virginia law allowed 16- and 17-year-olds to marry with parental consent. Additionally, minors even younger than 16 could marry with parental consent, if there was a pregnancy.

Virginia is the 12th state and most recent to completely ban child marriage. In 2018, Delaware and New Jersey became the first states to remove all exemptions that allowed a minor to marry.

Even though there is no federal law establishing a minimum age to wed, each of the 50 states has laws requiring a person to be at least 18 to consent to marriage. However, 38 states still allow legal exceptions, like parental consent or legal emancipation.