If my girlfriend just turned 18 and we have a child together can we legally be a couple? 8 Answers as of January 13, 2012

Sex with someone under 18 is a crime in California. Being married will make it not a crime for sex after the marriage but would not make legal would occurred before. There is only a problem in your case if someone reports it.

It seems that part of your issue is ?who will be the person to complain? Her, her parents, you, your parents? You two can be together, but till you turn 18 you can not lawfully consent to sexual contact with her. At your young ages it is very important that you both consider what you (both) want to do, and will commit to. With a child in the picture serious thought needs to be given to how that child will be raised and who will be responsible for raising it. Both of you have that responsibility, so some way for both of you to share in it would be wonderful. Best wishes in making those tough decisions.

Technically it is not legal. Your girlfriend could be charged with contributing to the delinquency of a minor. This is unlikely to happen unless 1 of your parents lis upset with your girlfriend. You can make it legal by becoming an emancipated minor.

It is not illegal for you to be together; however, it is technically illegal for sexual conduct to occur between the two of you. Unfortunately, your girlfriend could be arrested for illegal sexual conduct with a minor.

It's fine as long as she is not your sister or a first cousin.

If by being together you mean have sexual intercourse, the answer is yes.

California Penal Code Section 261.5 (commonly referred to as statutory rape) is defined as follows: (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. This means that it would be unlawful for your girlfriend to engage in sexual intercourse with you, as you are a minor. The fact that you have a child together does not change that situation. As you can see from the language of the statute, the only thing that would change this scenario is if the parties were married.

Generally, a relationship between a 16 year old and 18 year old, where it was started when the 18 year old was a minor and then continued, and with the permission and consent of the parents involved, it will not be a problem solely because of the ages listed.