Marriage in the Philippines is a civil contract governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). The rules on the minimum age for marriage and the necessity of parental consent balance the protection of minors, respect for parental authority, and the right of adults to enter into marital unions. These provisions have been significantly strengthened by Republic Act No. 11596 (2021), known as the Anti-Child Marriage Law, which prohibits marriages involving any person below 18 years of age.

Minimum Legal Age for Marriage

Under Article 5 of the Family Code, as reinforced by RA 11596, any male or female who is eighteen (18) years of age or older may contract marriage, provided there are no legal impediments enumerated in Articles 37 and 38. These impediments include:

Consanguinity within the fourth civil degree (e.g., first cousins).
Affinity within certain degrees.
Prior subsisting valid marriage (bigamy).
Psychological incapacity (Article 36).

RA 11596 declares any marriage where one or both parties are below 18 years of age as void ab initio—meaning it is considered legally nonexistent from the start and produces no legal effects. This law applies uniformly to all citizens, closing previous loopholes that existed under the Code of Muslim Personal Laws (Presidential Decree No. 1083) and customary laws of indigenous cultural communities.

Prior to RA 11596, Muslim personal laws permitted girls to marry upon reaching puberty (often interpreted as 15) with the consent of a wali (guardian), and some indigenous practices allowed even younger marriages. These exceptions have been overridden. Facilitating, solemnizing, or coercing a child marriage now carries criminal penalties, including imprisonment from two to twelve years and substantial fines, depending on the offender’s role (parents, guardians, solemnizing officers, or local officials).

Parental Consent Requirement (Ages 18 to 20)

Even after reaching the minimum age of 18, parental involvement remains mandatory until a person turns 21. Article 14 of the Family Code provides:

In case either or both of the contracting parties are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned.

Key points on parental consent:

It applies to individuals who are 18, 19, or 20 years old (i.e., from the 18th birthday up to but not including the 21st birthday).
Consent must be written and presented when applying for a marriage license at the local civil registrar’s office.
The hierarchy is strict: father first, then mother, surviving parent, court-appointed guardian, or person exercising substitute parental authority (e.g., grandparents or elder siblings under certain conditions).
Both parties must comply if either or both fall within the 18–20 age range.
Proof of age is required through an original or certified birth certificate (or valid passport in some cases).

If the required parental consent is absent, the local civil registrar will not issue a marriage license. The parties cannot marry until they reach 21 years of age.

When Parental Consent Is No Longer Needed

Parental consent ceases to be required upon reaching 21 years of age. From the 21st birthday onward, an individual possesses full legal capacity to contract marriage without any parental approval. At this point, the only requirements are:

Attainment of at least 18 years (already satisfied).
Absence of legal impediments.
Compliance with procedural requirements for the marriage license and solemnization.

This rule reflects the law’s recognition that 21 marks a higher threshold of maturity for the significant decision of marriage, even though the general age of majority in the Philippines is 18.

Parental Advice Requirement (Ages 21 to 25)

For parties between 21 and 25 years of age, the Family Code (Article 15) mandates that they seek parental advice, though this is distinct from consent:

The parties must inform their parents or guardians of the intended marriage.
They must submit a sworn statement to the civil registrar confirming that advice was sought.
If the parents refuse to give advice or cannot be located, the marriage license may still be issued, but only after the expiration of three months from the date of the complete publication of the marriage application.

Unlike consent, the absence of parental advice does not prevent the marriage or render it voidable. The three-month waiting period serves as a safeguard to allow parents an opportunity to counsel or object informally.

Once a person reaches 25 years of age, neither consent nor advice is required.

Special Cases and Exceptions

Absence or incapacity of parents/guardians
If both parents are deceased, missing, or legally incapacitated, consent (for 18–20) or advice (for 21–25) may be given by a court-appointed guardian. In rare cases where no guardian exists, the parties may need a court order or affidavit explaining the circumstances, which the civil registrar evaluates.

Muslim Filipinos
Under the Code of Muslim Personal Laws, marriage was historically governed by Islamic rules allowing earlier unions with wali consent. RA 11596 now imposes the uniform 18-year minimum. Marriages below 18 are void and punishable, even if they comply with Muslim rites. For those 18 and above, standard Family Code consent and advice rules generally apply alongside any religious requirements.

Indigenous Cultural Communities
Customary laws previously recognized marriages at younger ages based on tribal traditions. RA 11596 prohibits such practices when minors under 18 are involved. Adults 18 and above follow the general rules, though cultural solemnization may occur after civil registration.

Foreign nationals marrying in the Philippines
Foreigners must satisfy Philippine age requirements (18 minimum, consent for 18–20) and present a Certificate of Legal Capacity to Marry issued by their embassy or consulate. This document confirms compliance with their home country’s laws as well.

Persons with disabilities or under guardianship
Court-appointed guardians may need to provide consent if the individual is under legal guardianship due to incapacity. Psychological capacity to consent remains a separate requirement.

Procedural Requirements for Marriage License

To obtain a marriage license, applicants must:

Prove age (birth certificate).
Submit parental consent (if 18–20) or sworn statement of sought advice (if 21–25).
Undergo marriage counseling (mandatory since 2019 amendments).
Publish the application for 10 successive days.
Pay fees and comply with waiting periods.

Exemptions from license exist in articulo mortis (impending death) cases or after five years of cohabitation as husband and wife.

Legal Consequences of Violations

Marriage below 18: Void from the beginning. No rights to property, legitimacy of children (though children are considered legitimate under separate rules), or spousal support arise. Criminal prosecution under RA 11596 is possible.
Marriage at 18–20 without consent: Voidable (annullable). Article 45(1) allows annulment if sought by the parents or the underage party before or within five years after reaching 21, unless the party ratifies the marriage by freely cohabiting after turning 21.
Failure to seek parental advice (21–25): Does not invalidate the marriage but may complicate license issuance and family relations.

Historical Development

The 1949 Civil Code set marriageable ages at 16 for females and 18 for males, with parental consent required for minors. The 1987 Family Code raised and equalized the age at 18 for both sexes, introduced the 18–21 consent rule, and the 21–25 advice rule to strengthen family involvement. RA 11596 (2021) addressed the persistent problem of child marriage, which the Philippines had committed to eliminate under international obligations, including the Convention on the Rights of the Child.

These rules remain in force as of the latest amendments. Marriage at or above 18 with proper consent (when required) creates a valid, irrevocable civil status once solemnized by an authorized person (judge, priest, imam, or captain of a ship in certain cases) and registered.

The framework prioritizes protection of young adults from hasty decisions while recognizing increasing autonomy with age. All applicants should consult the local civil registrar or a qualified lawyer for case-specific guidance, as requirements may involve additional documentation depending on individual circumstances.