Ukrainian Parliament Considers Lowering Marriage Age to 14 Under Specific Conditions

Proposed Amendments to the Civil Code

According to Главком: A draft of Ukraine's Civil Code, currently under review by the Verkhovna Rada, proposes allowing marriage from the age of 14 under specific circumstances. The initiative, supported by Parliament Speaker Ruslan Oleksiiovych Stefanchuk and Deputy Chairperson Olena Kostiantynivna Kondratiuk, would grant this right to a 14-year-old in cases of pregnancy or if they have already given birth to a child. This provision is detailed in Article 1478 of draft law No. 14394. This proposal marks a significant potential shift in a country where family law has traditionally been more conservative.

Current Ukrainian legislation, under Article 22 of the Family Code, sets the marriageable age at 18. However, Article 23 of the same code permits marriage from age 16 with a court's permission. The mention of a right to marry at 14 is unprecedented in the history of Ukrainian law.

Additional Provisions in the Draft Law

The proposed legislation introduces several other changes to family law. For instance, an individual who breaks off an engagement after betrothal would be obligated to reimburse wedding preparation costs and compensate for moral damages, unless specific circumstances apply, including:

• unlawful or immoral behavior by the other party;
• a serious illness;
• the existence of a child;
• a criminal record;
• a change of gender;
• being in a de facto marital union;
• a previous marriage.

The draft also stipulates that a spouse may demand to revert to their pre-marital surname if the other spouse has committed domestic violence, a criminal offense, an immoral act, or adultery. Grounds for divorce could include a husband's unwillingness to have a child, his inability to conceive, or a wife's inability to give birth. It is important to note that betrothal does not create an obligation to marry, and a marriage entered into with a person who has changed their gender would be considered invalid.

The draft law has sparked vigorous debate among lawmakers and experts, as issues surrounding the marriage age and youth rights are always sensitive topics in Ukrainian society.

If passed, this legislation could alter not only the legal status of adolescents but also the social norms related to marriage in Ukraine. Monitoring the progress of this initiative will be crucial for understanding evolving trends in family law and societal changes within the country.