Is It Illegal to Marry Your Cousin in Indiana? Here’s What the Law Says

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Is It Illegal to Marry Your Cousin in Indiana? Here's What the Law Says

The state of Indiana has specific laws regarding marriage between cousins, which set it apart from many other states. The legality hinges on key factors such as the degree of relation between the cousins and their age at the time of marriage.

Can First Cousins Marry in Indiana?

Marriage between first cousins is generally prohibited in Indiana—but there is an important exception:

First cousins can marry if both parties are at least 65 years old.

If either party is under 65, first-cousin marriage is illegal.

For all other couples who are related more closely than second cousins, marriage is not permitted at any age.

Indiana law specifies:

“Two (2) individuals may not marry each other if the individuals are more closely related than second cousins. However, two (2) individuals may marry each other if the individuals are: (1) first cousins; and (2) both at least sixty-five (65) years of age.”

This means that only elderly first cousins—both partners age 65 or older—may legally wed in Indiana.

What About Second Cousins or More Distant Relations?

Second cousins (and relations more distant than second cousins) can marry in Indiana without age restrictions or additional requirements.

The restriction applies only to first cousins who are under 65.

Rationale and Background

Laws restricting cousin marriage are typically based on concerns over genetic risks for offspring. However, Indiana’s law makes a clear distinction for older couples, where the potential for childbearing is greatly reduced. That’s why the law relaxes for first cousins at age 65 and above.

Table: Who Can Marry in Indiana?

RelationshipCan Marry?Notes
First Cousins (both <65)NoMarriage prohibited
First Cousins (both ≥65)YesPermitted by law
Second CousinsYesNo restrictions
More Distant CousinsYesNo restrictions

Key Considerations

Marriages already performed: Marriages between first cousins that were solemnized before April 9, 1907, are fully legalized.

Minimum age for marriage: Aside from cousin restrictions, both parties generally must be 18 or older to marry, with limited exceptions for those younger.

In summary:

Marrying your first cousin is illegal in Indiana—unless both of you are 65 or older, in which case it’s legal.

Second cousins and more distant relatives face no restrictions on marriage.

These laws are enforced statewide and are specific to Indiana’s statutes.

Always consult the latest state requirements or a local attorney for individual circumstances.

Sources

[1] https://www.ulc.org/wedding-laws/indiana
[2] https://www.lawinfo.com/resources/family-law/indiana/
[3] https://my1053wjlt.com/cousin-marriage-laws-indiana/
[4] https://theamm.org/articles/1927-kissing-cousins-the-popularity-controversy-of-cousin-marriage
[5] https://law.justia.com/codes/indiana/title-31/article-11/chapter-8/section-31-11-8-0-3/

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