Child marriage in Texas is effectively prohibited for anyone under 16 and tightly restricted for 16- and 17-year-olds, who may marry only if a court has first granted them a full emancipation order. Parental consent is no longer enough on its own, and there is no exception for pregnancy or any other circumstance.
The Age Rule
Texas Family Code Section 2.003 sets a single line: a person under 18 may not marry unless a court has signed an order removing the disabilities of minority for general purposes.1State of Texas. Texas Family Code 2.003 – Application for License by Minor County clerks must reject any marriage license application from a minor who cannot produce a certified copy of that order.
Because the emancipation statute itself requires the minor to be at least 16, no one under 16 can legally marry in Texas. There is no workaround. A parent’s signature, a pregnancy, a judge’s sympathy — none of these open the door the way they might have before September 1, 2017.
Common-Law Marriage Is Closed Too
Texas still recognizes informal marriage, but the Family Code specifically bars anyone under 18 from being a party to one or signing a declaration of informal marriage.2State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage A minor couple who live together and hold themselves out as spouses do not become married by doing so.
Who Qualifies for Emancipation
Texas Family Code Section 31.001 lists three requirements a minor must meet to petition for removal of disabilities of minority:
- Be a Texas resident.
- Be 17, or be at least 16 and already living apart from the parents, managing conservator, or guardian.
- Be self-supporting and managing their own financial affairs.3State of Texas. Texas Family Code 31.001 – Requirements
The second condition catches many families off guard. A 16-year-old who still lives at home does not qualify, even with a steady full-time job. To petition at 16, the minor must already be out of the household. At 17, the living-apart requirement drops away, but the financial self-sufficiency test remains.
Judges look closely at that financial claim. Pay stubs, tax records, bank statements, a lease in the minor’s own name, and evidence of paying rent, food, and other bills all matter. A general statement of being able to support oneself, unsupported by paperwork, will not carry the hearing.
Filing the Petition
A minor can file the petition in their own name; the statute says no next friend is required.3State of Texas. Texas Family Code 31.001 – Requirements In practice, most minors work with an attorney or a trusted adult, because a civil filing at 16 or 17 is a heavy lift alone.
The petition must identify the minor, list the parents or guardian and their addresses, and explain why emancipation serves the minor’s best interest. It must also ask specifically for general-purpose removal, since Texas recognizes both limited- and general-purpose emancipation, and only general-purpose removal enables marriage. A parent normally verifies the petition, unless a managing conservator or guardian is in that role instead.4State of Texas. Texas Family Code 31.002
The district court filing fee is $350 statewide, made up of a $213 local consolidated civil fee and a $137 state consolidated civil fee.5Texas Judicial Branch. District Court Civil Filing Fees A minor who cannot afford this can file an affidavit of inability to pay and ask the court to waive it.
The Hearing
After the petition is filed, the court sets a hearing and may appoint an attorney ad litem to represent the minor’s interests independently. That attorney investigates the minor’s living situation, income, and readiness for adult responsibilities, then reports to the court. The ad litem’s fees can add to the total cost.
At the hearing, the judge applies a best-interest standard. Stability is what carries the day: consistent employment, a reliable place to live, and a realistic grasp of adult obligations. A minor with two months of work history and a brand-new lease will have a harder time than one with a longer, steadier record.
If the judge is satisfied, the order signing removes the disabilities of minority for general purposes. The minor then has the legal capacity of an adult and the change is permanent; a parent cannot later revoke it.6State of Texas. Texas Family Code Chapter 31 – Removal of Disabilities of Minority
Applying for the Marriage License
With a certified copy of the emancipation order, the emancipated minor can apply for a marriage license at any Texas county clerk’s office, and the clerk records the order alongside the application. The standard license fee runs around $80, with some counties charging closer to $20 for couples who complete the state-approved Texas Twogether premarital course.7Travis County Clerk. Marriage License
Texas also imposes a 72-hour waiting period between issuance of the license and the ceremony. Waivers are available for active-duty military, Department of Defense employees and contractors, couples who complete a premarital education course, or anyone who gets a written waiver from a judge with family law jurisdiction.8State of Texas. Texas Family Code 2.204 – 72-Hour Waiting Period Exceptions
If a Minor Marries Without the Court Order
A marriage involving a 16- or 17-year-old without the required emancipation order is voidable, not automatically void. Someone with standing has to ask the court to annul it.9State of Texas. Texas Family Code 6.102 – Annulment of Marriage of Person Under Age 18
Three people can file: a parent of the underage spouse, the minor’s judicially designated managing conservator or guardian, or a next friend acting for the minor. If a next friend files, the suit is barred unless brought within 90 days of the marriage. A parent or guardian is not held to that 90-day limit.9State of Texas. Texas Family Code 6.102 – Annulment of Marriage of Person Under Age 18
Tax Consequences Families Often Miss
A married minor cannot file federal taxes as single. Filing status becomes either married filing jointly or married filing separately, regardless of age. For 2026, the standard deduction for married couples filing jointly is $32,200.10Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026
The bigger issue often lands on the parents. A married child who files a joint return generally cannot be claimed as a dependent, with a narrow exception when the joint return is filed only to claim a refund of withheld taxes or estimated payments.11Internal Revenue Service. Dependents Families who counted on that dependency should talk with a tax professional before the wedding, not after.