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An Act to End Child Marriage in Massachusetts

Lead Sponsor: Rep. Kay Khan and
Sen. Harriette L. Chandler


Impetus

Around the world, young teenage girls are forced into marriage, cutting short their dreams and the possibilities of education, achievement, or even simple autonomy. According to the United Nations Children’s Fund, marriage by girls under eighteen is on the rise in the world. Whether forced into marriage by parents or other authority figures or deciding on their own to marry, these girls often abandon their education in favor of marriage, and they are placed at greater risk of early death as a result of complications from pregnancy or childbirth. While Massachusetts may not be able to help girls in the developing world, we should ensure that our laws protect those who live in the Commonwealth.

Need

  • Massachusetts marriage law, as codified in General Laws chapter 207, contains a general requirement that anyone entering into marriage be age eighteen or older. However, sections 25 and 27 of chapter 207 provide an exception to that requirement, allowing children under eighteen to marry if their parents (or adoptive parents) consent. Given that a great deal of child marriage is actually driven by pressure from parents, this exception provides little protection for young girls. This Act amends chapter 207 to remove the parental-consent exception and ensure that young people are not permitted to marry until they have reached an age at which the law recognizes them as adults.

Legislative Fix

  • Amends G.L. c. 207, § 7 to provide that no one may solemnize a marriage if one of the parties is under 18, and amends § 24 to provide that a clerk or registrar shall not receive notice of intention to marry from a person under 18. 
  • Repeals § 25 (allowing marriage of a person under 18 with parental consent) and removes from § 27 the provision for parental consent by adoptive parents.
  • Repeals § 34 (provisions for notice where minors reside in different towns) and amends §§ 33A and 53 to remove provisions for parental consent to marriage of a minor.