Marriage laws regarding relatives vary widely across the United States, and North Dakota is no exception. If you’re wondering whether you can legally marry your cousin in North Dakota, here’s a clear breakdown of what the law allows—and what it forbids.
North Dakota’s Stance on Cousin Marriage
Marrying your first cousin in North Dakota is illegal. The state’s marriage laws explicitly prohibit marriage between first cousins, regardless of whether they are of the full or half blood, or whether the relationship is legitimate or illegitimate. This prohibition is found in the North Dakota Century Code, which lists such marriages as incestuous and void.
“Marriage between first cousins of the half as well as the whole blood. This section shall apply to illegitimate as well as legitimate children and relatives.”
Are There Any Exceptions?
There are no exceptions to this rule in North Dakota. Unlike some states where first cousins may marry under certain circumstances (such as if one partner is infertile or both are over a certain age), North Dakota maintains a blanket ban. The law is clear: first cousins cannot legally marry in the state.
What About Second Cousins and More Distant Relatives?
Second cousins and more distant relatives are allowed to marry in North Dakota. The law only prohibits marriage between first cousins, not cousins once removed or second cousins. If you’re considering marriage to a more distant cousin, you are free to do so under state law.
Out-of-State Marriages
North Dakota does not recognize first cousin marriages that were legally performed in other states. Even if a couple marries in a state where first cousin marriage is legal, North Dakota will not consider that marriage valid within its borders. This is in line with the state’s policy of not recognizing any marriages that would be prohibited under North Dakota law.
What About Adopted Relatives?
North Dakota law specifically addresses marriage between relatives who are related only by adoption. If two people are first cousins only by adoption (and not by blood), they are not prohibited from marrying. The incest statute and marriage prohibition apply only to blood relatives.
Summary Table
| Relationship | Legal to Marry in North Dakota? |
|---|---|
| First Cousins | No |
| First Cousins Once Removed | Yes |
| Second Cousins | Yes |
| Adopted First Cousins | Yes |
Marrying your first cousin in North Dakota is illegal, but marrying a second cousin or more distant relative is allowed. The state does not recognize first cousin marriages performed elsewhere, and its laws are strict when it comes to close blood relatives.
If you’re unsure about your relationship’s legal status, consult an attorney or review the official North Dakota Century Code for the most current information.
SOURCES:
- https://ndlegis.gov/cencode/t14c03.pdf
- https://us1033.com/kissing-cousins-in-north-dakota-unveiling-marriage-laws/
- https://us1033.com/kissing-cousins-in-north-dakota-can-you-marry-your-first/
- https://en.wikipedia.org/wiki/Cousin_marriage
