How Is Child Marriage Still Legal in Ghana?

Child marriage is not legal in Ghana. The 1992 Constitution and the Children’s Act of 1998 set the minimum age of marriage at 18 for both girls and boys. Any person who forces a child to be betrothed, subjected to a dowry transaction, or married commits an offence punishable by a fine or imprisonment.

So why does it still happen? The answer lies not in the absence of law, but in a legal loophole, weak enforcement, and deep-rooted social and economic factors that the law alone cannot address.

The Legal Loophole: A Two-Year Gap

The most critical legal gap is the mismatch between the age of sexual consent and the age of marriage.

Age of Sexual Consent: The Criminal Offences Act, 1960 (Act 29) sets the age at which a person can legally consent to sex at 16 years.

Age of Marriage: The Children’s Act and the Constitution set the minimum age for marriage at 18 years.

This two-year gap creates a problematic window. As the Upper East Regional Director of the Department of Gender noted, “if you say that at the age of 16, the person can consent to sex, it means that outcome of that act, the sex, the person should be able to bear the outcome”. In many communities, when a girl becomes pregnant, parents push her to marry the man responsible—even though she is not legally old enough to marry—to avoid the social stigma of a child born out of wedlock.

Several stakeholders, including traditional leaders and government officials, have called on Parliament to amend the law to peg both consensual sex and marriage at 18 years to close this loophole. As one analysis put it, “A synchronous age of sexual consent and marriage will certainly ensure protection for partners, reduce the burden on parents of new partners, and most importantly ensure that children born to partners are nurtured in a safe, non-acrimonious, loving, supportive and complete home”.

The Scale of the Problem

The data reveals a practice that persists despite the law.

According to the 2021 Population and Housing Census, 79,733 girls aged 12 to 17 in Ghana have been in a union—married or living with a man. Out of this number, 25,999 are of Junior High School going age (12 to 14 years).

The regions with the highest prevalence are North East (13.0%) , Savannah (10.9%) , and Northern (10.6%) —all more than twice the national average of 4.0%.

A 2024 study published in the journal Reproductive Health found that the prevalence of early marriage in Ghana was 29.2% among women aged 15 to 49. The North East region recorded the highest prevalence at 38.2%, followed by Western North at 36.7% and Ahafo at 35.8%. Greater Accra had the lowest at 19.7%.

The problem is not uniform. The Oti Region records significantly high numbers. Data from the Ghana Statistical Service shows that in the Nkwanta North District alone, more than 1,100 children aged 12 to 17 had ever been in a union, with girls accounting for the majority. The Nkwanta South Municipality followed with close to 900 children in early unions.

Why Enforcement Fails

Even where the law is clear, enforcement is difficult.

Informal Unions: Data from UNICEF shows that child marriage in Ghana often takes the form of an informal union, where a girl simply lives with a partner as if married. These arrangements are harder to identify and prosecute than formal, registered marriages.

Settlement Out of Court: There is a persistent tendency for cases of child marriage to be “settled informally” within families or communities rather than being reported to authorities like the Department of Social Welfare or CHRAJ. The Commission on Human Rights and Administrative Justice (CHRAJ) has documented that “reluctance of affected children and families to report child marriage, lack of evidence (e.g., birth certificates) to facilitate prosecution of cases, and limited resources for implementing agencies such as Ghana Police Service, Family and Juvenile court” are major causes.

Poverty and Education: Child marriage is strongly correlated with poverty and low education. The 2024 study found that women with secondary education were 60% less likely to marry early, and those with higher education were 93% less likely to marry early compared to those with no education. Women from richer households were also significantly less likely to marry early.

Family Size: Women whose family size was five or more had 50% higher odds of early marriage compared to those from smaller families.

The Pushback and the Path Forward

Ghana has a National Strategic Framework on Ending Child Marriage (2017-2026) and has committed to eliminating the practice by 2030 under Sustainable Development Goal 5.3. The government has also enacted legislation such as the Affirmative Action Gender Equity Act, 2024 (Act 1121) and the Social Protection Act (Act 1148).

But the 2024 UNICEF Annual Results Report noted a significant challenge: “The discourse around the passage of the ‘Proper Human Sexual Rights and Family Values Bill’ is contributing to pushback on the issues of human rights, gender equality and A/SRHR. The Global Programme observed that parents’ support of activities promoting gender equality decreased, as they became uncomfortable with their daughters participating in these activities”.

This pushback complicates the work of ending child marriage. It creates an environment where gender equality messaging is viewed with suspicion in some communities.

The path forward requires more than legal reform. It requires:

Closing the legal loophole: Raising the age of sexual consent to 18 to eliminate the two-year window that enables child marriage after pregnancy.

Strengthening enforcement: Providing resources to the Ghana Police Service, Family and Juvenile Courts, and the Department of Social Welfare to investigate and prosecute cases.

Keeping girls in school: Education is the single strongest protective factor against child marriage. The Livelihood Empowerment Against Poverty (LEAP) programme and the Gender Roadmap for Social Protection are working to address the economic drivers.

Engaging community leaders: UNICEF has found that “engaging community leaders and influencers in promoting behavioural change among marginalized adolescent girls” is a key lesson learned. “Girls who received support from community leaders were more likely to adopt positive behaviours and attitudes”.

Addressing poverty: For some families, marrying off a daughter is seen as a pragmatic solution to economic hardship. The LEAP cash transfer programme and other social protection interventions are designed to reduce this pressure.

ASJ Bottom Line

The law says one thing. The reality on the ground says another. Closing that gap is the challenge Ghana still faces—not just a legal problem, but a social, economic, and cultural one that requires a coordinated response from government, traditional leaders, civil society, and communities themselves.

Quick Facts

Frequently Asked Questions

1. Is child marriage legal in Ghana?
No. The 1992 Constitution and the Children’s Act of 1998 set the minimum age of marriage at 18 for both girls and boys. Forcing a child to marry is a criminal offence .

2. Why does child marriage still happen in Ghana if it is illegal?
The practice persists because of a legal loophole (the age of sexual consent is 16 while marriage is 18), weak enforcement, poverty, low education, and deep-rooted social and cultural factors. Cases are often settled informally within families or communities .

3. What is the legal loophole that enables child marriage in Ghana?
The Criminal Offences Act sets the age of sexual consent at 16, while the Children’s Act sets the minimum age of marriage at 18. This two-year gap means a pregnant 16- or 17-year-old can be pushed into marriage to avoid the stigma of a child born out of wedlock .

4. How many girls in Ghana are married or living with a man?
According to the 2021 Population and Housing Census, 79,733 girls aged 12 to 17 have been in a union. Of these, 25,999 are aged 12 to 14 .

5. Which regions in Ghana have the highest child marriage rates?
The North East (13.0%), Savannah (10.9%), and Northern (10.6%) regions have the highest prevalence, all more than twice the national average of 4.0% .

6. What is the penalty for forcing a child into marriage in Ghana?
Any person who contravenes the Children’s Act commits an offence and is liable on summary conviction to a fine or a term of imprisonment not exceeding one year, or both .

7. What is Ghana doing to end child marriage?
Ghana has a National Strategic Framework on Ending Child Marriage (2017-2026) and has committed to eliminating the practice by 2030 under SDG 5.3. The government has also enacted the Affirmative Action Gender Equity Act, 2024 (Act 1121) and the Social Protection Act (Act 1148) .

8. What are the main drivers of child marriage in Ghana?
Poverty, low education, large family size, orphanhood, and lack of school attendance are the strongest correlates. Girls in resource-constrained households can be forced into early marriage for bride wealth or to reduce the number of children the household must feed

Source: Accra Street Journal

Last Updated on October 12, 2026 by Samuel Kwame Boadu

Samuel Kwame Boadu

Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of Accra Street Journal, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.

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