Arizona’s laws regarding marriage between cousins are among the more nuanced in the United States. While the state generally prohibits marriage between first cousins, there are specific exceptions that allow such marriages under certain conditions. Here’s a comprehensive breakdown of what Arizona law says about cousin marriage, the exceptions, and the legal implications.
Arizona’s General Rule: First Cousin Marriage is Prohibited
Under Arizona Revised Statutes § 25-101, marriage between first cousins is explicitly prohibited and considered void. The law groups first cousins with other close relatives—such as parents and children, siblings, and uncles/aunts with nieces/nephews—as relationships that cannot legally result in marriage in the state.
Exceptions: When Can First Cousins Marry in Arizona?
Despite the general prohibition, Arizona law provides two key exceptions that allow first cousins to marry:
- Both Parties Are 65 Years or Older: If both first cousins are at least 65 years old, they may legally marry in Arizona without any additional requirements.
- Infertility Exception for Those Under 65: If one or both of the first cousins are under 65, they can marry only if they obtain approval from a superior court judge. To get this approval, they must present proof that one of the cousins is unable to reproduce—typically requiring medical documentation of infertility or sterility.
This legal framework reflects Arizona’s concern about the potential genetic risks associated with first cousin reproduction, rather than a blanket moral or cultural opposition. The law’s focus is on preventing marriages that could result in children with higher risks of genetic disorders, while still allowing such unions when the risk is absent due to age or infertility.
Marriage Between More Distant Cousins
Arizona’s restrictions apply only to first cousins. Marriages between second cousins, first cousins once removed, and more distant relatives are fully legal and do not require special approval or documentation.
Legal Process and Practical Considerations
- Marriage License Application: Arizona’s marriage license application does not specifically ask if the couple are first cousins. However, when signing the application, both parties affirm that there are no legal impediments to their marriage. If a prohibited marriage is discovered, it can be declared void.
- Court Approval: For first cousins under 65 seeking to marry, court approval is mandatory. The process involves presenting medical evidence of infertility to a superior court judge, who then decides whether to grant permission for the marriage.
- Recognition of Out-of-State Marriages: If a marriage between first cousins is legally performed in another state where such unions are permitted, Arizona may recognize the marriage, but legal advice should be sought as recognition can vary depending on specifics and subsequent legal challenges.
Other Legal Implications of Marriage in Arizona
- Community Property: Arizona is a community property state, meaning assets acquired during the marriage are typically divided equally in the event of divorce.
- Inheritance and Tax: Spouses have specific inheritance rights and tax implications that apply regardless of how the marriage was formed, as long as it is legally recognized.
First Cousin Marriage in Arizona
| Situation | Is Marriage Legal? | Additional Requirements |
|---|---|---|
| Both first cousins are 65 or older | Yes | None |
| One or both first cousins under 65 | Possible | Court approval + proof of infertility |
| Second cousins or more distant relatives | Yes | None |
In summary, it is generally illegal to marry your first cousin in Arizona, but exceptions exist if both parties are 65 or older, or if they can prove infertility and obtain court approval. Marriages between more distant cousins are legal without restriction. Anyone considering marriage to a cousin in Arizona should consult with a family law attorney to ensure compliance with all legal requirements and to understand the potential implications for property, inheritance, and marital rights
Sources
- https://www.arizonalawgroup.com/arizona-family-law-statutes/ars-25-101-void-and-prohibited-marriages/
- https://www.findlaw.com/state/arizona-law/arizona-marriage-laws.html
- https://www.arizonalawgroup.com/arizona-divorce/about-marriage-in-arizona/
- https://dataminingdna.com/can-first-cousins-marry-in-arizona/
- https://www.azleg.gov/ars/25/00101.htm
