The New Age of Consent: Understanding Oregon’s Marriage Requirements
Everything you need to know about SB 548 and the transition to a strict age-18 standard
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In the state of Oregon, the legal landscape surrounding marriage has recently undergone a significant shift. As of January 1, 2026, the legal age to marry in Oregon is 18 years old, with no exceptions for minors.
This change marks a departure from decades of previous law and aligns Oregon with a growing national movement toward establishing a firm "bright line" for legal adulthood in marriage.
The New Standard: Age 18 and No Exceptions
Under the current Oregon Revised Statutes (specifically ORS 106.010, as amended by Senate Bill 548), marriage is defined as a civil contract that can only be entered into by individuals who are at least 18 years of age.
Historically, Oregon allowed 17-year-olds to marry if they obtained written consent from a parent or legal guardian. However, the passage of SB 548 effectively repealed those provisions. The law now mandates that county clerks cannot issue a marriage license to anyone under the age of 18, regardless of parental approval or pregnancy status.
Why the Law Changed
The legislative push to raise the marriage age was driven by concerns over "child marriage" and the legal vulnerabilities of minors. Advocates and lawmakers noted several key issues with the previous 17-year-old threshold:
Legal Standing: Minors often lack the legal standing to file for divorce or seek protection orders independently, which could trap them in abusive situations.
Contractual Capacity: Since marriage is a legal contract, the amendment ensures that both parties have reached the age of majority and possess full legal capacity to enter into such an agreement.
Exploitation Prevention: Proponents of the bill argued that removing exceptions helps prevent the use of marriage as a loophole to avoid statutory rape charges or other forms of exploitation.
Requirements for a Marriage License
For those who meet the age requirement, the process for obtaining a marriage license in Oregon remains straightforward but involves specific steps:
Application: Both parties must appear in person at a County Clerk’s office to apply.
Identification: Valid photo identification and proof of age are required.
Waiting Period: Oregon enforces a three-day waiting period from the time the license is issued until the ceremony can take place.
Expiration: Once issued, the license is valid for 60 days.
While the age floor is now strictly 18, Oregon still prohibits marriages between first cousins or nearer kin (ORS 106.020).
Summary of the Current Status
If you are planning to marry in Oregon today, you must be a legal adult. The "17 with consent" rule is no longer active. By setting the minimum age at 18 without exceptions, Oregon joins a list of nearly 20 other states that have eliminated underage marriage to ensure all participants have the full legal rights and responsibilities of adulthood.
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
