Fact Brief

Is child marriage ever legal in North Dakota?

Yes.

Child marriage is legal in North Dakota under limited circumstances. State law sets the minimum age to marry at 18. However, 16- and 17-year-olds may marry with the consent of a parent or legal guardian. Individuals younger than 16 may not legally marry in the state.

The North Dakota News Cooperative is partnering with Gigafact to produce timely fact briefs, which are quick, evidence-based fact checks about trending claims relevant to North Dakota.

North Dakota law requires a minor seeking to marry to provide proof of age and written consent from a parent or guardian. A marriage license may not be issued unless these statutory requirements are met.

In 2019, North Dakota enacted House Bill 1450, which eliminated marriage for individuals under 16, even with judicial approval. Since then, only 16- and 17-year-olds may legally marry, and only with parental consent.

Sixteen states in the U.S. have bans against marriage under the age of 18, while 34 allow it.

This fact brief is responsive to conversations such as this one.

About fact briefs:

Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network. Each brief is limited to 150 words or fewer and is not intended to provide an in-depth analysis, but rather to deliver concise, definitive answers grounded in verified information.

Sources:

North Dakota Legislative Assembly: North Dakota Century Code t14c03
Social Security Administration: Entitlement of Child Based on Void Marriage in the State of North Dakota
Equality Now: Child marriage in the United States
Unchained At Last: United States’ Child Marriage Problem
Freedom United: U.S. child marriage laws: individual state legislation

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