Cousin Marriage Laws

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Are Cousin Marriage Laws?

Cousin marriage laws are the laws that regulate whether or not cousins are permitted to marry one another. In the majority of cases, the term cousin is used to refer to first cousins.

Typically, the law will provide whether it is referring to other terms, for example, first cousins once removed or second cousins. Cousin marriage laws are often closely related to incest laws, family laws, and other types of sex crime laws.

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 by state may vary with additional restrictions or details. For example, in Arizona, it is legal to marry a cousin, but only if one of the spouses is not able to reproduce.

In the State of Maine, cousin marriages or relations may be deemed a civil violation and may be punishable by a small fee. As such, the rules may vary greatly by jurisdiction.

In addition to marriage rules, there are also certain states that prohibit any type of sexual relations or cohabitation between cousins for relationship purposes.

Which States Allow Cousin Marriages?

States that allow cousin marriages 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.

Are Cousin Marriage Licenses From Out of State Valid?

Whether or not a cousin marriage license from out of state will be valid will depend 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. Cousin marriage laws may also be technical.

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 will allow a marriage to occur between them.

Is Incest Against the Law?

In many different countries, incest is against the law and is considered to be 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 legality of incest varies by jurisdiction, 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 with a legal professional.

What Are Some Consequences of a Legal Violation?

Incest is illegal in all 50 states in the U.S. It is considered to be a criminal offense that is punishable by imprisonment and criminal fines.

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 legal professional or research the laws in their jurisdiction.

What Are the Penalties for Incest Violations by State?

The punishment for incest will vary by state and may include imprisonment and criminal fines. Incest is usually classified as a felony offense that is punishable by up to life in prison in certain states.

In some states, the penalties for incest will depend on the degree of the relationship between the individuals involved and the age of the individuals involved. For example, in certain states, sexual relations engaged in between siblings may be punishable by a longer incarceration term than sexual relations between an aunt and nephew.

In certain states, the penalties imposed for incest may also depend on whether the act was consensual or not. It is important to note that the state laws regarding incest as well as the penalties for violating those laws, will vary by jurisdiction.

If an individual has any questions regarding the penalties for incest in their state, they should consult with a legal professional in their area 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 under incest laws. Marriage or sexual relationship between first cousins is typically considered to be incestuous as well as illegal in many states. The specific laws governing the legality of sexual relations or marriage between first cousins typically varies by jurisdiction.

In certain states, these types of relationships are considered to be 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 may depend 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 legal professional in your jurisdiction.

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 may vary depending on the laws of the jurisdiction where they reside. Generally, however, individuals who are the parents of a child have certain rights and responsibilities related to that child, regardless of the circumstances of their conception, which may include:

  • 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 many jurisdictions.

The specific laws and penalties governing incest rape vary by jurisdiction. In general, however, incest rape is considered a felony offense and is punishable by imprisonment and criminal fines.

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 may be some of the most diverse laws in the U.S. 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 penalties you may face for violating those laws.

star-badge.png

16 people have successfully posted their cases

Find a Lawyer