Private student loans are subject to the defense of infancy. Federal student loans are not.
The defense of infancy argues that a minor does not have the legal capacity to enter into contracts, making loans to a minor unenforceable. Accordingly, private student loans require the borrower to have reached the age of majority, as listed in the chart below.
|State||Age of Majority|
|Indiana, Mississippi, New York and Puerto Rico||21|
|Alabama and Nebraska||19|
|Most other states||18|
Federal student loans have not been subject to a defense of infancy since 1986.
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