Child marriage in Texas is prohibited except in one narrow situation: a 16- or 17-year-old who has been legally emancipated by a court order removing the disabilities of minority may apply for a marriage license. Anyone under 16 cannot marry in Texas under any circumstances, and parental consent alone is not enough. These rules have been in force since 2017.
Who Can Marry Under 18 in Texas
Texas Family Code Section 2.003 sets the age rule. You must be 18 or older to marry without any special legal step. If you are under 18, the only way to qualify for a marriage license is to hold a court order — from a Texas court or another state’s court — that removes the disabilities of minority for general purposes.1State of Texas. Texas Family Code 2.003 – Application for License by Minor
The practical floor is 16. That is the youngest age at which a person can petition for emancipation under Texas Family Code Chapter 31, and it comes with an added condition: a 16-year-old must be living apart from their parents or guardian and supporting themselves financially. A 17-year-old can petition without the separate-living requirement but still must be self-supporting.2State of Texas. Texas Family Code Chapter 31 – Removal of Disabilities of Minority No legal path exists for anyone younger than 16 to marry.
County clerks are separately barred from issuing a license when either applicant is under 18 and lacks an emancipation order. Section 2.101 places that duty directly on the clerk, so the block sits on both sides of the counter.3State of Texas. Texas Family Code 2.101 – General Age Requirement
Parental Consent Is No Longer a Route
Before 2017, a minor could marry with a parent’s consent. That option is gone. Today, a signed permission slip from a parent has no legal effect on a minor’s ability to obtain a marriage license. The court order is the only substitute for turning 18.
Emancipation: The Only Legal Path
Texas law uses the phrase “removal of the disabilities of minority for general purposes.” It is sometimes called emancipation. The order gives the minor the legal standing of an adult — able to sign contracts, take on debts, and make binding legal decisions on their own.
Who Qualifies
Under Texas Family Code Section 31.001, a minor must meet all three conditions to petition:
- Be a resident of Texas.
- Be 17, or at least 16 and living apart from their parents, managing conservator, or guardian.
- Be self-supporting and managing their own financial affairs.
The court must also find that granting the order is in the minor’s best interest before issuing it.2State of Texas. Texas Family Code Chapter 31 – Removal of Disabilities of Minority
Filing the Petition
The minor files a verified petition listing their name, age, address, and the reasons emancipation would serve their best interest. The petition must identify the minor’s parents, managing conservator, or guardian. Filing fees vary by county but can run around $350. Expect to show evidence of steady income, a place to live, and the ability to pay rent and bills. A minor who lives in another state and wants to marry in Texas can use a certified copy of an emancipation order from their home state under Section 31.007.
Getting the Marriage License After Emancipation
Once the emancipation order is in hand, the license process largely tracks what any adult would do, with a few extra documents.
What to Bring
- A certified copy of the court order removing the disabilities of minority for general purposes, obtained from the clerk of the issuing court.4Texas Law Help. Minors and Marriage
- Proof of identity and age: a birth certificate, valid driver’s license, or passport.
- A Social Security number for each applicant.
The application asks for full legal names, current addresses, and each applicant’s parents’ names. The minor must affirm their emancipated status on the form. False information on the application can void the license.
Appearance, Fees, and the Waiting Period
Both applicants must appear together before the county clerk, who administers an oath confirming the application’s accuracy. A filing fee is due at that point, and the amount varies by county — Tarrant County charges $76 and Denton County charges $81, for example.5Tarrant County. Marriage Licenses6Denton County, TX. Marriage Licenses
After the license is issued, Texas requires a 72-hour waiting period before the ceremony.7State of Texas. Texas Family Code 2.204 – 72-Hour Waiting Period; Exceptions The wait can be waived if the couple completes a state-approved premarital education course (the Twogether in Texas program), for members of the armed forces on active duty, for Department of Defense employees or contractors, or by a written judicial waiver for good cause. The completed course also cuts $60 off the license fee.8Collin County. County Clerk – Marriage Licenses The license is good for 90 days; miss that window and the couple must apply again.
When an Underage Marriage Is Void or Can Be Annulled
A marriage is automatically void under Section 6.205 if either party was under 18 at the time and did not hold an emancipation order.9State of Texas. Texas Family Code 6.205 – Marriage to Minor Void means it has no legal effect. A court order is not required to make that true, though a formal declaration can help sort out property and custody questions.
Section 6.102 also allows an annulment when a 16- or 17-year-old married without the required court order. A petition can be filed by:
- A next friend acting for the minor, within 90 days of the marriage.
- A parent of the minor.
- The minor’s court-appointed guardian or managing conservator.
The 90-day deadline applies only to next-friend petitions. Parents and guardians are not bound by it.10State of Texas. Texas Family Code 6.102 – Annulment of Marriage of Person Under Age 18
Criminal Penalty for Performing the Ceremony
Anyone who knowingly performs a marriage ceremony for a minor whose marriage is prohibited by law commits a third-degree felony. That covers judges, clergy, and anyone else conducting the ceremony. A third-degree felony in Texas carries 2 to 10 years in prison and a fine of up to $10,000.11State of Texas. Texas Family Code 2.202 – Persons Authorized to Conduct Ceremony Conducting an unauthorized ceremony between adults, by contrast, is only a Class A misdemeanor.