HB 5128 West Virginia House of Delegates · 2026 Regular Session

To amend the section of child marriage under 18

HB 5128 raises West Virginia's age of consent for marriage to 18, prohibiting marriage for anyone under 18 except 16-17 year olds who meet specific conditions. It requires 16-17 year olds to be West Virginia residents, obtain written parental or guardian consent (with strict rules for separated/divorced parents), avoid marrying someone more than four years older, and provide signed affirmations of voluntary choice without coercion. Minors in these marriages may petition for annulment before turning 18 without parental consent. The bill directly affects minors aged 16-17 seeking marriage licenses in West Virginia.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 3, 2026 Last action Feb 3, 2026
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Feb 3, 2026
Committee
To House Judiciary
lower
Feb 3, 2026
Introduced
Introduced in House
lower
Feb 3, 2026
Committee
To Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Kayla Young
Kayla Young
DDemocratic
WV
56