Prohibition of Marriage for Individuals Under 18 and a Ban on Cousin Marriages to Commence in August
The Austrian government is set to implement a ban on child marriages and cousin marriages as part of a significant overhaul to family law. The changes are expected to come into effect in August 2025.
According to Justice Minister Anna Sporrer, the primary aim of these changes is to prevent young people from entering into early commitments associated with marriage, particularly among those aged 16 to 18. The proposal addresses concerns that teenage pregnancies frequently lead to child marriages, often without a stable partnership in place, as Sporrer highlighted in a press briefing.
The ban targets the pressure and coercion that often accompany early marriages, particularly within family dynamics, as Sporrer acknowledged. Under the proposed legislation, only those aged 18 and above will be permitted to marry or enter into civil partnerships.
Additionally, marriages between relatives up to the fourth degree of collateral line will be prohibited, effectively putting an end to cousin marriages and unions between aunts and uncles. This provision applies to both traditional marriages and civil partnerships.
The intention is to reinforce the rights of young people, aligning with the international goal of ending child marriages by 2030, as set by UNICEF. Forced marriages are already illegal in Austria, with troops being deployed to address cases where coercion is suspected. The new regulation aims to further protect minors by clarifying situations where coercion may be occurring.
In a related development, the government intends to address certain practices connected to Sharia law. Family Minister Claudia Plakolm highlighted the need to prevent Sharia marriages concluded abroad, as such traditions are prevalent in some Muslim countries. To address this issue, an adaptation in the International Private Law Act (IPRG) will be finalized by the end of the year, linking personal statutes to the usual residence of the parties instead of citizenship. This move is expected to prevent marriages concluded abroad under Sharia law that contradict Austrian law from being recognized in Austria.
The Green party has previously claimed ownership of the proposal to raise the marriage age to 18. While a law had been agreed upon in 2021, the People's Party seemingly delayed a decision for tactical reasons, according to the Greens.
Same-sex couples are set to benefit from improvements in the Private Law Act, ensuring that couples whose marriages are not recognized in their home countries receive equal rights under Austrian law. Adoptions by same-sex couples will also be legally secured, even if one partner does not possess Austrian citizenship, according to the government announcement.
Critics, such as Yannick Shetty of the NEOS party, argue that banning marriage for individuals under 18 represents a significant infringement on personal freedom, particularly for 16-year-olds who should be focusing on education instead of marriage.
According to Statistics Austria, the number of marriages involving minors has significantly decreased in recent years, with only a handful of cases reported annually since 2015. Nonetheless, the proposed regulation seeks to further safeguard the rights and well-being of young people in Austria.
The company policy-and-legislation of the Austrian government, announced by Justice Minister Anna Sporrer, includes a ban on child marriages and cousin marriages as part of a family law overhaul, aligning with the UNICEF goal of ending child marriages by 2030. Politics surrounding this decision have been heated, with the Green party claiming ownership of the proposal to raise the marriage age to 18 and critics arguing that banning marriage for individuals under 18 represents a significant infringement on personal freedom. In addition to addressing certain practices connected to Sharia law, the new regulations also aim to secure the rights of same-sex couples and adoptions by same-sex couples, even without Austrian citizenship.
