The Child Marriage Prevention Act of 2026 establishes a federal commission, incentivizes states to prohibit marriage for individuals under 18, and reforms immigration policies to combat child marriage nationwide.
Richard Durbin
Senator
IL
The Child Marriage Prevention Act of 2026 aims to eliminate child marriage across the United States by establishing a national commission to study the practice and providing federal incentives for states to set the minimum age of marriage at 18. The bill also mandates comprehensive reporting by the Government Accountability Office, creates grant programs for state-level task forces, and implements stricter age requirements and interview protocols for marriage-based immigration visas. Additionally, it prohibits the use of federal property for child marriages and directs the Department of Justice to develop a model state law to protect minors from forced or coerced unions.
New Child Marriage Prevention Act Targets Legal Loopholes and Sets 18+ Federal Standard
The Child Marriage Prevention Act of 2026 takes a hard look at a surprising reality: between 2000 and 2021, over 314,000 minors were married in the U.S., some as young as 10. This bill doesn't just call for a study; it actively pushes for a national standard of 18 as the minimum age for marriage. It sets up a $1.5 million-a-year commission to dig into why this is still happening and mandates that federal property—like national parks or federal buildings—can no longer be used for ceremonies involving anyone under 18. It also puts money on the table, offering states a 10% boost in existing safety and justice grants if they pass laws requiring both parties to be at least 18 without exceptions.
Closing the 'Marry Your Way Out' Loophole
One of the most significant shifts in this bill addresses how marriage is often used as a legal shield. Currently, in many states, a perpetrator can marry their victim to avoid statutory rape charges. This bill directs the Department of Justice to create a model law that not only sets the age at 18 but specifically allows survivors who were married as minors to petition a court to void that marriage later. Crucially, it bars the adult who married the minor from being the one to file for that annulment (Section 9). For someone who was pressured into a marriage at 16, this could mean finally being able to legally erase a contract they weren't old enough to sign in the first place.
Immigration and the 'Compelling Reason' Test
The bill also tightens the screws on the immigration system, which has historically recognized marriages that were legal where they occurred, even if one person was a child. Under Section 10, U.S. citizens or residents filing for a spouse or fiancé(e) visa must be at least 18. If the spouse coming from abroad is between 16 and 18, the bill sets a high bar: they must prove a "compelling, urgent humanitarian reason" to get the visa. Importantly, the bill clarifies that pregnancy or having a child together does not count as a humanitarian reason. To prevent coercion, immigration officers would be required to interview both parties separately and privately if either was a minor at the time of the marriage.
Real-World Safety Nets
For a teenager today facing a forced marriage, the legal landscape is often a trap; they might be too young to sign a lease, enter a domestic violence shelter, or even file for a protective order without a parent's help. This bill aims to fix that by funding state task forces to identify these exact gaps (Section 6). By analyzing how child marriage correlates with high school dropout rates—which are 50% higher for women married before 19—and future poverty, the legislation seeks to treat the issue as a public health and economic crisis rather than just a private family matter. It’s a move to ensure that a 17-year-old’s future isn't legally signed away before they’re even old enough to vote.