Law No. 39/2025, in force since 2 April, prohibits the marriage of minors under 18 and recognises child, early or forced marriage as a situation of risk. It repeals the possibility of emancipation through marriage and aims to ensure informed choices and the continued attendance of young people at school. Marriages involving minors concluded before its entry into force remain valid.
On 2 April 2025, Law 39/2025 of 1 April (Law) came into force, under which (i) the marriage of children under 18 is prohibited and (ii) includes early or forced child marriage in dangerous situations that justify intervention to promote the rights and protection of children and young people in danger.
Until then, young people could get married from the age of 16, provided that they had their parents' permission.
The aim of this amendment is to integrate all children and young people, ensuring that they do not have to resort to marriage as a way of gaining their independence. This promotes making informed choices at the right time, as well as children and young people continuing in school education.
Marriages of minors aged between 16 and 18 performed before the entry into force of this Law remain valid.
Early or forced child marriage means any situation in which someone under 18 years old lives with someone else under conditions similar to those of spouses, whether or not they have been coerced into such a union, regardless of their cultural, ethnic or national origin.
This Law and its amendment (Declaration of Amendment 21/2025/1, 22 April) led to the amendment of the Civil Code, the Civil Registry Code and the Law on the Protection of Children and Young People in Danger.
The possibility of minors becoming emancipated through marriage, i.e. enjoying rights equivalent to adults, is no longer afforded by the Portuguese legal system.
