In Arkansas, marriage between first cousins is strictly prohibited. The state’s law, codified in Arkansas Code § 9-11-106, explicitly declares that all marriages between first cousins are “incestuous and absolutely void.”
This prohibition places first cousin marriages in the same category as unions between parents and children, siblings, grandparents and grandchildren, and uncles or aunts with their nieces or nephews. The law is clear and does not provide exceptions based on age, infertility, or other circumstances.
Criminal Penalties and Legal Consequences
Attempting to marry a first cousin in Arkansas is not only void but can also result in criminal penalties. Anyone who knowingly contracts or solemnizes such a marriage may be charged with a misdemeanor and, upon conviction, can face fines or imprisonment at the discretion of the court. Beyond criminal penalties, these marriages have no legal standing, which can create complications regarding inheritance, property rights, and child custody.
Recognition of Out-of-State First Cousin Marriages
If Arkansas residents marry their first cousin in a state where such marriages are legal, Arkansas law does not recognize the marriage upon their return. The union remains void in Arkansas, regardless of where it was performed.
Marriages Between More Distant Relatives
Arkansas law singles out first cousins for prohibition but does not specifically ban marriages between more distant relatives, such as first cousins once removed, half-cousins, or cousins by adoption. These unions are generally permitted, though the legal landscape can be complex, and it is advisable to consult a legal professional for specific cases.
Cohabitation and Consensual Relationships
While first cousins cannot legally marry in Arkansas, the law does not criminalize consensual adult relationships or cohabitation between cousins. First cousins may live together and have a relationship, but they cannot obtain a marriage license or have their union legally recognized by the state.
Rationale Behind the Law
The prohibition on first cousin marriage in Arkansas is rooted in concerns about genetic risks to offspring and longstanding social norms. The state has determined that restricting marriages between close relatives serves the public interest by reducing the risk of inherited genetic disorders and maintaining clear family boundaries.
Arkansas law strictly bans marriage between first cousins, considering such unions incestuous and absolutely void, with criminal penalties for violations. Marriages between more distant cousins, such as first cousins once removed, are generally allowed.
While first cousins may cohabit and have consensual relationships, they cannot legally marry or have their marriage recognized in Arkansas.
Sources
[1] https://codes.findlaw.com/ar/title-9-family-law/ar-code-sect-9-11-106/
[2] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[3] https://www.youtube.com/watch?v=k7jEyIHPacc
[4] https://www.legalmatch.com/law-library/article/cousin-marriage-laws.html
[5] https://thewrangler.com/is-it-illegal-to-marry-your-cousin-in-arkansas-heres-what-the-law-says/2025/06/06/
