Utah has specific laws regarding marriage between cousins that differ from many other states. While marriage between first cousins is generally prohibited, there are important exceptions and conditions under which cousin marriage can be legal in Utah.
General Prohibition on Cousin Marriages
Utah law classifies marriages between close relatives such as parent-child, siblings, uncle-niece, and first cousins as “incestuous and void,” effectively prohibiting these unions in most cases. This means that legally, first cousins cannot marry or have their marriage recognized in Utah under normal circumstances.
Exceptions for Age and Fertility
Utah is one of the few states that allows first cousins to marry if they meet specific age or fertility criteria. The exceptions include:
These exceptions reflect recognition of reduced genetic risks and social considerations in older populations.
Legal Consequences for Other Cases
Outside of these exceptions, marriages between first cousins are considered void from the outset and have no legal validity. Additionally, Utah law criminalizes sexual relations between close relatives, including first cousins, which is punishable by felony charges in most cases.
Comparison to Other States
Unlike Utah’s strict regulations, several states either allow first cousin marriages without restrictions (such as California and Vermont) or permit them with conditions similar to Utah, such as age or genetic counseling. Conversely, some states outright ban first cousin marriage and related conduct, classifying it as incestuous and criminal.
Court Order and Proof Requirements
For first cousin couples who meet the age and fertility exceptions, legal marriage requires:
This process ensures the exceptions are applied with oversight.
Cultural and Social Context
While Utah’s laws reflect conservative stances on consanguineous marriages, these restrictions are primarily framed to mitigate genetic risks associated with close-relative unions among younger couples. The law’s flexibility for older couples acknowledges evolving societal views and biological considerations.
Marrying your first cousin in Utah is generally illegal and prohibited by law. However, if both parties are over 65, or over 55 and infertile as determined by the court, marriage between first cousins is legally permissible and recognized.
Other close relative marriages remain forbidden. Understanding these distinctions is crucial for anyone considering marriage with a cousin in Utah to ensure compliance with state law and avoid legal complications.
Sources
(https://www.yahoo.com/news/first-cousins-legally-married-utah-040148370.html)
(https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States)
(https://le.utah.gov/xcode/Title81/Chapter2/81-2-S402.html)
(https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/)
(https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/)
