California Child Marriage Ban: AB 1267 Explained | Maples Family Law

For decades, California was one of only three states without a statutory minimum age for marriage, permitting minors to wed provided they obtained parental consent and judicial approval. However, a historic shift recently occured with a California child marriage ban having just been signed into law. Now, the subject of child marriage in California is front and center for legislative reform.

On September 30, 2026, Governor Gavin Newsom signed Assembly Bill 1267 (AB 1267) into law. Authored by Assemblymember Gail Pellerin, this landmark legislation establishes 18 as the strict minimum age to obtain a marriage license or enter a registered domestic partnership in California—with zero exceptions, effectively ending California’s child marriage era.

Taking effect on January 1, 2027, the statute makes California the 18th U.S. state to enact an outright ban on child marriage. At Maples Family Law, we are reviewing what this means for California families and the significant ripple effects it will have across family court practice, especially for those affected by child marriage in California before the new law.

The Old Law vs. The New Law

• The Previous System: California Family Code previously allowed individuals under the age of 18—regardless of how young—to marry if they secured both written parental consent and court authorization following an interview process. This highlighted complexities with child marriage in California that persisted for years.
• The AB 1267 Overhaul: Championed by survivor advocates and organizations such as Unchained At Last, the new law repeals these statutory pathways. Gail Pellerin – Assembly Democratic Caucus
• The New Standard: Beginning January 1, 2027, the new law strictly prohibits county clerks and family courts from issuing a marriage license or registering a domestic partnership for anyone under 18. (Note: Valid marriages entered into prior to the January 1, 2027 effective date remain legally recognized, even those resulting from child marriage in California.)

Key Legal Implications in California Family Law

1. Elimination of the Judicial Bypass System

Family court judges will no longer review minor marriage petitions. Previously, bench officers were tasked with evaluating whether a minor was acting voluntarily or under coercion—a subjective inquiry that often placed children under undue family pressure. Removing this pathway completely removes child marriage proceedings from family court dockets, especially those related to child marriage in California cases.

2. Resolving the “Legal Capacity” Escape Trap

A major hurdle for minors married under the old law was the legal paradox of minority status. Because minors generally lack the capacity to retain an attorney, enter binding retainer agreements, or independently file civil petitions without a guardian ad litem, escaping an abusive or unwanted marriage was exceptionally difficult. By barring minor marriages outright, the law closes this procedural catch-22 and directly addresses problems resulting from child marriage in California’s past.

3. Closing the Spousal Statutory Rape Defense

Historically, marriage between an adult and a minor served as a legal shield against statutory rape charges under California Penal Code provisions. AB 1267 eliminates the mechanism by which adults could avoid criminal liability through marriage, closing a loophole that enabled child marriage in California despite its risks.

4. Absolute Parity for Domestic Partnerships

The legislation applies across the board, explicitly ensuring that registered domestic partnerships (often utilized as alternative legal frameworks) cannot be used as an end-run around the minimum marriage age. This closes another avenue used for child marriage in California.

Legal Support for Changing Family Dynamics

California family law moves quickly, and major statutory overhauls like AB 1267 emphasize the state’s prioritization of minor protection and bodily autonomy. Whether you need counsel regarding annulments, domestic violence restraining orders (DVROs), dissolution of marriage, or parental rights, the experienced team at Maples Family Law is here to advocate for you. If you have questions about child marriage in California or recent legal changes, we are here to help.

Contact Maples Family Law today to schedule a confidential consultation with one of our experienced California family law attorneys.

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