Legal Status of Cousin Marriage in Ohio
In Ohio, marriage between first cousins is not permitted by law. The state specifically forbids marriages between individuals who are closer in blood than second cousins. This means that you cannot legally marry your first cousin in Ohio, but marriage between second cousins or more distant relatives is allowed.
Details of the Law
Ohio’s marriage requirements make it clear that couples must not be “nearer of kin than second cousins.” This restriction is intended to prevent marriages between close blood relatives, including first cousins, siblings, parents and children, and other similarly close relations.
While adult incest (marrying or having sexual relations with someone who is nearer than a second cousin) is no longer classified as a criminal offense in Ohio, such marriages are still not legally recognized by the state.
Common Law and Out-of-State Marriages
Although Ohio law does not approve marriages between first cousins, it is not expressly prohibited or made void by any statutory enactment, according to some legal interpretations. However, the prevailing practice and the guidance from Ohio courts and marriage licensing authorities is that such unions are not permitted.
If a couple who are first cousins marry in a state where such marriages are legal and then move to Ohio, their marriage may not be recognized by Ohio authorities.
Marriage License Requirements
To marry in Ohio, both parties must obtain a marriage license from the probate court in the county where at least one resides. Both must appear in person and meet the state’s requirements, including the kinship rule that prohibits marriage between relatives closer than second cousins.
First cousin marriages are not allowed in Ohio. The law requires that couples be no closer in relation than second cousins to marry legally. While adult incest is not prosecuted as a crime, such marriages are not recognized by the state. If you are considering marriage to a cousin in Ohio, ensure that your relationship is at least as distant as second cousins to comply with state law
Sources
[1] https://www.ghmc.org/marriage/getting-married/marriage-requirements
[2] https://www.ulc.org/wedding-laws/ohio
[3] https://rklawyers.net/family-law/marriage-faq/
[4] https://uclawreview.org/2022/07/27/shocking-truth-about-ohio-marital-law/
[5] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
