Underage marriage, which involves at least one party below the age of 18, remains a reality both in the United States and worldwide.
A. In the United States
In the United States, thousands of minors are legally married each year, often under state laws that allow exceptions for parental consent or judicial approval. As of June 2024, only 13 states have abolished this practice: Delaware, New Jersey, Pennsylvania, Minnesota, Rhode Island, New York, Massachusetts, Vermont, Connecticut, Michigan, Washington, Virginia, New Hampshire, American Samoa and Virgin Island. 37 States, including California, maintain underage marriage.
There are social and psychological implications of underage marriage[1]:
- Increased risks of domestic violence;
- Increased risk of mental health issues; and
- The economic instability for young brides.
B. Worldwide
Worldwide, the issue of marriage under the consent age is mainly practiced in regions such South Asia, Sub-Saharan Africa, and parts of the Middle East. According to a study of UNICEF[2], around the world, each year around the world at least 12 million girls under the age of 18 are married each year.
What are the factors promoting such practice? There are cultural and religious factors which affect many societies, with emphasis on the role of poverty, gender inequality, and social norms[3].
What are the International Conventions, doing to eliminate such practices? The Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), advocate for the elimination of child marriage. However, the implementation is still inconsistent. Currently, there are studies exploring challenges of enforcing these global norms at the national level[4] and unfortunately, despite international efforts to minimize or abolish such practice, cultural, religious, and legal factors continue to promote child marriages around the world, especially in the poorest countries.
A comprehensive approach and a cross-sectorial dialogue is necessary to resolve the issue, including but not limited to the following reforms:
- An international legislative reform, enforcing, without exceptions, enforcing a strict minimum marriage age of 18[5];
- Community education, engaging local communities in programs and educated them about the adverse effect of underage marriage. In Rural India and in Ethiopia such practices have already shown to be successful[6].
Conclusion
Underage marriage is a complicated and compelling issue, which requires urgent attention both in the United States and worldwide. To protect children worldwide and upheld their rights we would need international cooperation, we would need to strengthen the legal frameworks and engaging communities at large. Most importantly, research and advocacy are crucial pieces to ensure a future where all children are free from the constraints of early marriage.
Since 2021, in New York, a person must be at least 18 years old to get married. If you are under the age of 18 and you contract marriage, the marriage can be annulled by the court, like it was never valid to start with. Annulling a marriage, is different from a divorce, which is the legal process to end a valid marriage.
In New York, if you are 17, you can marry only with court approval. However, In New York marriage under the age of 17 is illegal. According to NY law (§ 15-a), any clerk who issues a marriage license to someone under 17 commits a misdemeanor, which is punishable by fines.
If you are in in need of a Family Lawyer in Manhattan or Queens to annul your marriage, attorney Elena will advocate for your rights.
[1] “The Adverse Effects of Early Marriage“, Dr. Laura Campbell (2015).
[2] “Child Marriage: A Global Perspective“, UNICEF (2020).
[3] “The Persistence of Child Marriage: Cultural and Social Factors“, Dr. Ananya Patel (2019).
[4] “International Human Rights Law and Child Marriage“, Professor James Wright (2021).
[5] “Ending Child Marriage: Legislative Solutions”, Megan Walters (2016).
[6] “Community-Based Strategies for Ending Child Marriage” by Dr. Priya Sharma (2018)