Family · Marriage License
Legal Age to Marry in Illinois
The general age and absolute minimum age to marry in Illinois, the parental-consent or court rules for a minor where permitted, and recent changes. Cited to the statute and stated as written.
The rule and exceptions in Illinois
The general age, the permission path for a minor where allowed, and the absolute minimum.
As of this review, Illinois allows marriage at 16 with consent or court approval. Bills to raise the floor to 18 with no exceptions have been introduced in recent sessions but had not passed. Confirm no such change has since been enacted.
| The rule in this state | What it means |
|---|---|
| 18 without permission | A person 18 or older may marry without consent. |
| 16 or 17 with consent or court approval | A clerk shall issue a license if each party is 18, or has attained 16 and has either the consent of both parents or the guardian, or judicial approval, under 750 ILCS 5/203. |
| Both parents, with a narrow substitution | Consent must come from both parents; only one is needed where the other cannot be located or has died. Otherwise the minor must seek judicial approval. |
| Court standard | Under §208, a court may order a license for a 16- or 17-year-old only if it finds the minor capable of assuming the responsibilities of marriage and that the marriage serves the minor’s best interest. Pregnancy alone does not establish best interest. |
| Exceptions and limits | What it means |
|---|---|
| Judicial approval where parents do not consent | A 16- or 17-year-old whose parents or guardian will not or cannot consent may still marry with a court order under §208. |
| No route below 16 | Sixteen is the effective floor. There is no consent or court path for anyone under 16. |
What to know
Neutral, factual points about applying for a marriage license in Illinois. This is legal information, not legal advice.
- At 18 or older, no permission is needed
A person 18 or older can obtain an Illinois marriage license without consent.
- A 16- or 17-year-old needs consent or a court order
A minor of 16 or 17 must have the consent of both parents or a guardian, or judicial approval under §208.
- Know the under-16 bar
There is no consent or court route for anyone under 16, so a person under 16 cannot marry in Illinois.
- Confirm the current law
Because bills to raise the floor have been introduced, check the current 750 ILCS 5/203 and §208, or consult a licensed Illinois attorney, before relying on the rule.
Marriage-license rules and any minor exceptions turn on the current statute and your facts. This resource can connect you with a court self-help center or a licensed attorney.
→ Illinois State Bar — Illinois Lawyer FinderThis is general legal information, not legal advice, and it states the law as written. Minimum-age laws have changed in several states recently, so confirm the current statute with a court resource or a licensed attorney.
The Illinois law in detail
In Illinois the general age to marry is 18, and a person that age or older needs no consent. For a minor, 750 ILCS 5/203 provides that a clerk shall issue a license where a party has attained 16 and has either the consent of both parents or the guardian, or judicial approval. Consent generally must come from both parents, with only one needed where the other cannot be located or has died; otherwise the minor may seek a court order. Under §208, a court may approve a license for a 16- or 17-year-old only if it finds the minor capable of assuming the responsibilities of marriage and that the marriage serves the minor’s best interest, and pregnancy alone does not establish best interest. There is no route below 16, so a person under 16 cannot marry. This page states the law as written. Illinois has seen repeated bills to raise the floor to 18 with no exceptions, none enacted as of this review, so the current statute should be confirmed before relying on the rule.
Common questions
What is the legal age to marry in Illinois?
The general age is 18. A 16- or 17-year-old may marry with both parents’ or a guardian’s consent, or with judicial approval, under 750 ILCS 5/203. No one under 16 may marry.
Can a 16-year-old marry in Illinois?
Yes, with permission. A 16- or 17-year-old may marry with the consent of both parents or a guardian, or with a court order under §208, which requires a best-interest finding.
Can anyone under 16 marry in Illinois?
No. Sixteen is the effective floor. There is no consent or judicial route for anyone under 16.
Does pregnancy let a minor marry in Illinois?
Not by itself. Under §208, a court weighs the minor’s best interest, and pregnancy alone does not establish that the marriage serves the minor’s best interest.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.