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We submit our views to family law consultation

April 17, 2026

This week, we submitted our response to the Scottish Government consultation on proposed reforms to family law. Humanist Society Scotland successfully campaigned for humanist marriage in Scotland and we believe the law must continue to evolve, using a human rights based and inclusive approach. The proposed reform provides an important opportunity to strengthen protections for young people and ensure high standards for those authorised to conduct marriage ceremonies.

Raising the minimum age of marriage to 18

A key recommendation in our response is strong support for raising the minimum age of marriage and civil partnership in Scotland from 16 to 18.

As humanists we advocate for measures that recognise children’s right to take increasing responsibility for decisions that affect their lives (UNCRC Article 12). In particular, around children’s freedom of thought, conscience and religion (Article 14). However, we are also clear that states have a duty to protect children from harm.

Evidence from human rights stakeholders, including UNICEF and the UNCRC Committee, highlights that those who marry under 18 are at increased risk of forced marriage, domestic violence, exploitation, and poorer health and education outcomes.

The current marriage age of 16 represents a clear breach of the UN Convention on the Rights of the Child, which Scotland incorporated into law in 2024. In 2016, the UN Committee on the Rights of the Child made a clear and specific recommendation that the United Kingdom “raise the minimum age of marriage to 18 years.” In 2023, the committee welcomed reform in England and Wales but raised concern that Scotland had not made similar progress. Given the first minister’s own commitment to take a “maximalist approach” to children’s rights, it is frustrating that the Scottish Government has yet to implement this important reform.

We also strongly support proposed legislative reform on forced marriages. This would extend the offence of forced marriage so that any conduct intended to cause a person under 18 to marry would be a criminal offence – even where coercion cannot be proven.

Protecting standards in marriage ceremonies

The consultation considers the role and regulation of those authorised to solemnise marriages. Humanist Society Scotland supports the introduction of clear qualifying requirements for religious and belief bodies, alongside a code of conduct for celebrants.

As a belief body entrusted with conducting legal marriages, we believe it is vital that all celebrants operate to consistently high standards. Any framework should prioritise competence, safeguarding and accountability, while remaining proportionate and respectful of minority belief groups. Clear qualifying requirements ensure that all celebrants, whether religious or belief-based, operate with professionalism and respect for human rights.

Read our full response to the Scottish Government Family Law consultation

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