BCS Congress Criminalizes Forced Cohabitation of Minors

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The Baja California Sur state congress approved a reform on June 2 that makes forced cohabitation of minors a criminal offense. The new legislation targets informal unions and arrangements equivalent to child marriage, even when no formal ceremony or marriage license is involved.

Closing a Legal Loophole

Before the reform, informal child unions could go unprosecuted in BCS because existing law only addressed formal marriage. The new measure closes that gap by criminalizing any arrangement in which a minor is compelled to live with another person in a marriage-like relationship. Parents, guardians, and community members who facilitate or compel such arrangements now face criminal liability under state law.

The reform also toughens penalties for those involved in organizing or enabling these unions. While the specific sentencing ranges were not detailed in the initial report, the legislation places BCS among Mexican states that have moved to broaden child protection beyond the narrow definition of legal marriage.

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Part of a Broader Reform Trend

Mexico banned child marriage at the federal level in 2019, setting the minimum marriage age at 18 with no exceptions. However, enforcement has been uneven across states, and informal unions, sometimes called “uniones de hecho” or common-law partnerships, have remained a persistent problem. These arrangements often affect girls in rural and marginalized communities where cultural practices can override legal prohibitions.

The BCS congress has been active on penal code reforms in recent months. In December 2025, lawmakers approved the “Santos Law,” which criminalized injuries and deaths caused by animal attacks and imposed criminal responsibility on negligent pet owners. The forced cohabitation reform follows a similar pattern of the state legislature updating its criminal code to address gaps in existing protections.

What the Law Covers

The reform specifically targets situations where adults arrange for a child to live with another person in a conjugal relationship. This includes cases involving family pressure, community customs, or economic transactions. By treating these arrangements as criminal acts rather than civil matters, the state aims to give prosecutors a direct tool to intervene.

BCS has a population of roughly 800,000, with major population centers in La Paz, San José del Cabo, and Cabo San Lucas. Child welfare advocates have long pushed for stronger protections in the state, where geographic isolation in some communities can make oversight difficult.

The reform now awaits publication in the state’s official gazette before taking effect. First reported by Noticias La Paz.