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

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

If you’re wondering whether you can legally marry your cousin in Kentucky, the answer is clear and unequivocal: it is illegal to marry your cousin in Kentucky. The state has long had strict laws prohibiting marriages between close relatives, including both first and second cousins.

Kentucky Marriage Law: The Basics

Kentucky law expressly forbids the marriage of persons nearer of kin than second cousins.

According to Kentucky Revised Statutes 402.010:“No marriage shall be contracted between persons who are nearer of kin to each other by consanguinity, whether of the whole or half blood, than second cousins. Marriages prohibited by this section are incestuous and void.”

First cousin marriages are not only void but are legally equivalent to incestuous unions in the state.

Second cousin marriages are also specifically banned in Kentucky, which is rare—most states only restrict first cousin marriages.

Legal Consequences

If you marry your first (or second) cousin in Kentucky, the marriage is void and not recognized by the state—even if it is performed in a different state where it is legal.

Entering into such a marriage can result in misdemeanor penalties, fines, or even possible jail time.

Sexual relationships between first cousins are also prosecuted under Kentucky’s incest statutes, carrying potential felony charges.

Wider Context

Kentucky is one of the most restrictive states in the nation:

Along with Nevada, it is one of only two states that prohibit marriages between second cousins as well as first cousins.

Most neighboring states, such as Virginia, allow cousin marriage; others have age-related or medical restrictions.

Out-of-State Marriages

Kentucky will not recognize a cousin marriage performed in another state or country that would be illegal under its own laws.

The law applies to both blood relatives and adopted relatives within the prohibited degree.

Brief History and Rationale

Kentucky’s strict laws date back to the mid-20th century and were primarily enacted over concerns of inbreeding and potential congenital disabilities among offspring. While medical research today may suggest the risks are lower than previously believed, the legal restrictions remain firmly in place.

You cannot legally marry your first or second cousin in Kentucky—such unions are void, considered incestuous, and carry legal risks.

Cousin marriages performed elsewhere are not valid when you reside in or move to Kentucky.

If you’re unsure about the degree of kin or other unusual circumstances, it’s a good idea to consult an attorney familiar with Kentucky family law.

Knowing these regulations can help you avoid potentially severe legal complications and ensure your marriage is recognized by the state.

Sources

[1] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[2] https://www.garycjohnson.com/qa-is-it-legal-to-marry-your-first-cousin-in-kentucky/
[3] https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36465
[4] https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/
[5] https://www.yahoo.com/news/cousin-marriage-legal-kentucky-210000676.html

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