Marriage below 18 is prohibited in Mauritius. Section 12 of the Children’s Act 2020 makes it an offence to marry a child in a civil or religious ceremony, to cause or force that marriage, or to live with a child under the same roof as spouses or unmarried partners. The Act defines a child as anyone under 18 and expressly says that the child’s consent is not a defence.
The current minimum age is 18
The prohibition has applied since the Children’s Act came into force on 24 January 2022. Its consequential amendments removed the former provisions of the Code Civil Mauricien that had allowed marriage below 18 in specified circumstances. The Civil Status Act was also amended so that a religious marriage cannot be celebrated unless both parties are at least 18. Parental approval, pregnancy, family custom or a religious-only ceremony therefore cannot create an exception.
That last point is often misunderstood. A family may describe an event as an engagement, blessing or informal union, but the law looks at what is actually arranged. Section 12 covers both civil and religious marriage and separately addresses cohabitation under the same roof as spouses or unmarried partners. Changing the label does not make conduct lawful.
What happened to marriages registered under the old law?
The 2020 Act changed the law from its commencement. It does not say that a marriage validly registered under the earlier rules is automatically erased or retrospectively invalidated. That is different from allowing an old permission or family plan to be used for a ceremony after 24 January 2022. Anyone whose own civil-status record predates the reform should obtain advice on that record rather than assume the later ban changed it without a formal process.
For a marriage now being prepared, the Civil Status Division checks the documents needed to establish that the parties may lawfully marry. An overseas birth record or proposed celebration abroad does not displace Mauritian child-protection law simply because the paperwork comes from elsewhere. Cross-border facts may also engage the law of the other state and need prompt, specific assessment.
Who can commit the offence?
The offence is not confined to the adult who purports to marry the child. Section 12 also reaches a person who causes or forces the marriage or cohabitation. That wording matters for relatives, organisers and religious celebrants who knowingly take practical steps. The same provision states that consent by the child offers no defence; pressure need not be reduced to a signed document before a protection concern is real.
A criminal allegation still requires lawful investigation and proof. Publicly naming a family or circulating the child’s messages can expose the young person, contaminate evidence and increase pressure at home. The useful course is to give the authorities identifiable facts: the child’s age, proposed date and venue, adults involved, travel bookings, threats and the source of the information.
How to report a planned child marriage
If the child faces immediate danger or is about to be taken away, contact the police. The Government’s Child Development Unit (CDU) also operates the Child Protection Service and the toll-free hotline 113. Under the Children’s Act, people with reasonable grounds concerning a child with whom they have contact can report to the supervising officer or police; professionals and officials working with children have a specific reporting duty.
The reporter’s identity is protected by statutory confidentiality, subject to defined exceptions such as a court requiring disclosure in the interests of justice or a knowingly false report. A good-faith report should distinguish what the reporter personally saw from what someone else said. Our guide to a CDU investigation explains the assessment, interview and court stages that may follow.
Protection is broader than cancelling a ceremony
Stopping the event may leave the child exposed to retaliation, homelessness or pressure to travel. An authorised officer can assess whether the child needs care and protection, arrange family support where safe, or seek an emergency protection order from the Protection Division of the Children’s Court. Urgent statutory placement in safety is limited to 72 hours unless the appropriate court process follows. Longer arrangements may include a family placement or foster care, depending on the evidence and the child’s welfare.
Suppose a 17-year-old in Flacq tells a school counsellor that a ceremony has been arranged for the following weekend and that a passport is being withheld. The counsellor should record the child’s words and the known date, report without alerting a person who may accelerate the plan, and communicate the travel concern to the authorities. Asking the pupil to collect secret recordings at home could create danger and is not a sensible substitute for official intervention.
Consent and parental responsibility are different issues
Parents ordinarily have responsibilities for care, education and major decisions, as discussed in our guide to parental authority. Those responsibilities do not authorise a prohibited marriage. Nor does a young person’s apparent agreement end the enquiry: dependence, fear, financial pressure and loyalty to relatives may all affect what can safely be said in front of the family.
Where the child cannot safely remain with those exercising parental responsibility, the legal response may concern protection or, in a longer-term family arrangement, guardianship of a minor. Those routes have different tests and should not be conflated with marriage consent. A relative offering a safe room cannot privately replace a court order where official protection proceedings are already under way.
What records genuinely assist?
Preserve an invitation, message, itinerary or photograph in its original form and note when and how it was obtained. Record the child’s full name and age if known, the location, the adults involved and any immediate medical or safety need. Do not confront the proposed spouse, negotiate a private payment or post allegations. The priority is a safe report that lets the police or CDU find the child and assess the risk without unnecessary exposure.
If a ceremony has already happened or cohabitation has begun, report the present location and welfare concern rather than assuming intervention is too late. Criminal investigation, civil-status questions and child-protection measures are separate strands. Each authority needs accurate information about its part of the problem, and a lawyer can help a child or protective adult understand how those strands interact.
Frequently asked questions
What is the legal marriage age in Mauritius?
Both parties must be at least 18. The Children’s Act defines anyone under 18 as a child and prohibits civil or religious marriage to a child.
Can parents consent to a minor’s marriage?
No. Parental approval creates no exception, and section 12 expressly provides that the child’s own consent is not a defence to the offence.
What should I do if I know of a planned child marriage?
Report concrete information promptly to the police or the Child Development Unit; the CDU’s child-protection hotline is 113. If confrontation could speed up the ceremony, travel or retaliation, do not alert the people creating the risk.
How Lex Aquila Advocates can help
Lex Aquila Advocates can advise a child, relative or other protective adult on urgent reporting, Children’s Court measures and any connected civil-status issue. The chambers’ family-law practice can be contacted with the essential facts by use the enquiry form; enquire on WhatsApp; or call +230 5858 7956 · urgent matters; immediate danger should be reported to the police first.
This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.