Which States Prohibit Cousin Marriages?
There are numerous states that prohibit marriage between first cousins, including:
- Arkansas;
- Delaware;
- Idaho;
- Illinois;
- Kansas;
- Kentucky;
- Louisiana;
- Mississippi;
- Missouri;
- Montana;
- Nebraska;
- Nevada;
- New Hampshire;
- North Dakota;
- Ohio;
- Oklahoma;
- Oregon;
- Pennsylvania;
- South Dakota;
- Texas;
- Utah;
- Washington;
- West Virginia;
- Wisconsin; and
- Wyoming.
It is important to note that the cousin marriage laws may be different in different states in additional ways, with various restrictions or details. For example, in Arizona, it is legal to marry a first cousin, but only if one of the spouses is not able to reproduce.
Process/Steps: Generally, if a state allows cousins to marry under specific conditions, such as the infertility of at least one of the cousins, individuals may need to provide medical documentation of their condition. Or, they may have to undergo evaluations to demonstrate compliance with the requirements.
Consulting with a family law attorney in the relevant state would help a person better understand cousin relationships and their state’s marriage laws regarding cousins.
In the state of Maine, cousin marriages or relations may be deemed a civil violation, as opposed to a criminal offense, and may be punished by payment of a small fine. This is one example of how the law varies by state. In addition to marriage rules, there are also certain states that prohibit any type of sexual relations or cohabitation by cousins.
State Variations: As can be seen, each state has its own marriage laws. While there might be similarities between them, a person should not assume that one state’s laws are the same or even similar to those in another state. In addition, in some states, each county sets the requirements for the issuance of marriage certificates in the county. Again consulting the local office that issues the licenses where you live is critical.
It does appear that all states have abandoned blood tests for STIs as a requirement for getting a marriage license. New York still requires testing for sickle-cell anemia only.
The Importance of Hiring a Lawyer: Consulting a local family law attorney is the best way to ensure that a person knows whether they can get a marriage license and if so, how to go about it.You should contact an attorney if you have any questions about the marriage laws in your area.
Which States Allow Cousins to Marry?
States that allow cousin marriage include:
- Alabama;
- Alaska;
- California;
- Colorado;
- Connecticut;
- The District of Columbia;
- Florida;
- Georgia;
- Hawaii;
- Maryland;
- Massachusetts;
- New Jersey;
- New Mexico;
- New York;
- North Carolina;
- Rhode Island;
- South Carolina;
- Tennessee;
- Texas;
- Vermont; and
- Virginia.
Timelines: A person should be able to get a marriage license on the day they apply if they go to the office that issues the license and take with them all of the required information and documentation. For example, in California, both parties must appear in person and bring valid picture identification to the office of the County Clerk in order to apply for a marriage license.
Valid picture identification is one that contains a photograph, date of birth, and an issue and expiration date, such as a state-issued identification card, drivers license, passport, military identification, and the like. Some counties may also require a copy of each spouse’s birth certificate.
- If you have been married before, you will need to know the specific date on which your last marriage ended, and how it ended, e.g. whether by death, dissolution, divorce or annulment. Some counties may require a copy of the final judgment if your previous marriage ended by dissolution or annulment.
- Marriage licenses are valid for 90 days from the date they are issued. If you do not get married within 90 days, the license is no longer valid. You must get a new license.
It is best to contact the office that issues marriage licenses in the place where you live and find out how to apply for one. Then you can prepare before you go to apply for the license.
Costs/Fees: A marriage license in California costs between $61 and $144, depending on the county that issues the license and whether the couple chooses a public or confidential license. Again,the license stays valid for 90 days after it is issued. The fee is non-refundable even if the couple never gets married. And if the couple does not use it and applies for another one, they have to pay the fee again.
The cost of a license in other states depends entirely on what the office that issues marriage licenses charges.
The fee is not necessarily higher if a person plans to marry their cousin. For example, the fee for a marriage license in Massachusetts does not change based on the relationship between the applicants. In Massachusetts, marriage licenses typically range from $4 to $60, with $25 being the most common fee. Cousin marriages are allowed in the state, and there is no additional fee specifically for marrying one’s cousin.
Evidence/Documents: Generally, to obtain a marriage license, a couple must produce such documentation as birth certificates, records relating to prior marriages (if there were any), and photo identification to establish the identities of the couple. It is important to call the local office that issues marriage licenses before you go to apply.
You can find out what is required and then bring all the documentation that is necessary when you go to make your application. You may also want to consult a family law attorney regarding requirements and how to meet them,
Are Cousin Marriage Licenses from One State Valid in Other States?
Whether or not a cousin marriage license from one state is valid in another depends on the state. For example, certain states, such as Arizona, Illinois, and others consider an out-of-state cousin marriage to be void.
There are several states, such as California, Florida, and others, that do not void out-of-state cousin marriages.
For example, there are certain states that make distinctions between the categories of cousins as well as half-cousins and adopted cousins. In general, the rule of thumb is that the more distant the blood relationship between the parties, the more likely the state is to allow them to marry. .
Is Incest Against the Law?
In many different countries, incest is against the law and is defined as a criminal offense. Typically, incest is defined as a sexual relation or marriage between individuals who are closely related, including:
- Siblings;
- Parents and children;
- Cousins.
There are some jurisdictions that may also consider it incestuous to have sexual relations or marry an individual who is related by adoption. The definition of incest varies by state, so it is important for an individual to be aware of the laws in their area.
If an individual has any specific questions regarding the legality of a particular relationship, they should consult a criminal defense lawyer in their state.
What Are Some Consequences of a Legal Violation?
Incest is illegal in all 50 states in the U.S. It is defined as a criminal offense that is punishable by imprisonment and the payment of a fine.
As noted above, incest involves sexual relations or marriage between individuals who are closely related. Some states also consider having sexual relations or marrying an individual who is related by adoption to be incest.
There is not one state in the U.S. where incest is legal. If an individual has any specific questions regarding the incest laws in their state, they should consult a local criminal defense attorney or research the laws in their jurisdiction.
What Are the Penalties for Violations of Incest Laws by State?
As noted above,, the punishment for incest varies by state and may include imprisonment and the payment of a fine. Incest is usually classified as a felony offense that is punishable by up to life in prison in some states.
In some states, the penalties for incest depends on the degree of the relationship between the individuals involved and their age. For example, in certain states, sexual relations involving siblings may be punishable by a longer period of incarceration than that imposed for sexual relations between an aunt and her nephew.
In certain states, the penalties imposed for incest also depends on whether or not the act was consensual. It is important to note that the state laws regarding incest as well as the penalties for violating those laws, vary by state.
If an individual has any questions regarding the penalties for incest in their state, again, they should consult a criminal defense attorney in their state or research the laws in their state.
Are First Cousins Considered “Close Family Members” for Purposes of Incest Law?
In numerous jurisdictions, first cousins are considered to be closely related for the purpose of incest laws. Marriage or sexual relationship between first cousins is typically defined as incestuous and illegal in many states. The specific laws governing the legality of sexual relations or marriage between first cousins typically varies by state.
In certain states, these types of relationships are legal, while in other states, they are not. In some states, the laws that govern the legality of sexual relations or marriage between first cousins depends on the degree of consanguinity, or blood relationship, between the individuals involved.
If an individual has any specific questions regarding the legality of a particular relationship, they should consult a criminal defense attorney or a family law attorney in your state for guidance.
What Are Parental Rights for Incestuous Children?
The parental rights of individuals who have had a child or children as a result of an incestuous relationship are going to depend on the laws of the state in which they reside. Generally, however, individuals who are the parents of a child have the very same rights and responsibilities related to that child as all parents have, regardless of the circumstances of their conception. These rights and responsibilities may include the following:
- The right to make decisions about the upbringing of the child;
- The responsibility to provide for the child or children’s physical and emotional needs;
- The obligation to support the child financially.
In certain cases, the law may allow for the termination of parental rights if that is what is deemed to be in the best interests of the child.
What Are Incest Rape Laws?
Incest rape is the act of sexual assault against a family member. It is a serious crime that is punishable in all states. The specific laws and the punishment for incest rape vary by state. In general, however, incest rape is classified as a felony offense and is punished by imprisonment and the payment of a criminal fine.
In certain cases, the penalties for incest rape can be enhanced if the victim is a minor or if the perpetrator has a prior criminal record.
Do I Need a Lawyer of Help With Cousin Marriage Laws?
Cousin marriage laws in the U.S. are quite diverse. They can vary widely from location to location and may be subject to frequent revision and updating.
If you have any issues, questions, or concerns regarding cousin marriage laws, it is important to consult with a family law lawyer. Your lawyer can advise you of the cousin marriage laws in your state as well as any possible punishment you may face for violating those laws.
