Marrying a cousin is a question that often arises due to varied laws across the United States. In South Dakota, the legal stance is clear and stringent regarding cousin marriages. Here is what the law says about marrying your cousin in South Dakota for 2025.
Legal Status of Marrying Your Cousin in South Dakota
South Dakota law explicitly prohibits marriage between first cousins, including both whole-blood and half-blood relatives. This prohibition extends to cousins related by adoption, emphasizing the state’s strong restrictions on consanguineous marriages.
According to South Dakota Codified Laws Section 25-1-6, marriages between cousins are considered void from the outset, regardless of whether the relationship is biological or through adoption.
This means if two first cousins attempt to marry in South Dakota, their marriage would not be legally recognized and would be invalid under state law. The law applies uniformly, offering no exceptions for age, genetic counseling, or other mitigating conditions that some other states might consider.
Definitions of Cousin Relationships Under the Law
The law distinguishes between whole-blood cousins, who share both parents in a sibling relationship, and half-blood cousins, who share only one parent. South Dakota prohibits marriage in both cases. This broad definition closes potential loopholes that might arise via half-siblings or blended families.
How This Compares Nationally
South Dakota is among the minority of U.S. states that completely bar first cousin marriages. While 18 states allow some form of cousin marriage, typically with restrictions, 32 states prohibit it expressly. Nearby states like North Dakota, Nebraska, and Wyoming also ban first cousin marriages, making South Dakota’s position consistent with its regional neighbors.
Exceptions and More Distant Cousins
Though first cousin marriage is illegal, South Dakota does permit marriage between more distant relatives, such as first cousins once removed, second cousins, and beyond. These marriages do not fall under the incestuous marriage statutes and are recognized legally in the state.
Penalties and Legal Consequences
Any marriage contradicting these restrictions is considered null and void and has no legal standing. Couples found violating this law would not receive legal protections usually associated with marriage, such as tax benefits, inheritance rights, or decision-making authority. South Dakota courts would refuse to acknowledge such unions if contested.
It is illegal to marry your first cousin in South Dakota, and such marriages are void from the start under state law. This prohibition covers both biological and adoptive relationships and applies to whole and half cousins alike. However, marriages between more distant cousins remain legal.
Residents considering marriage involving close family relations should be aware of these restrictions and seek legal counsel if there is any uncertainty. Understanding the law can prevent unintentional invalid marriages and navigate family and legal complexities more effectively.
For those needing more information, consulting official South Dakota legislative resources or experienced family law attorneys is recommended to ensure compliance with all state marriage laws.
Sources
(https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States)
(https://sdlegislature.gov/Statutes/25-1-6)
(https://sdlegislature.gov/Statutes/22-22A)
(https://findalawyerinsd.com/pages/areas-marriage)
(https://dataminingdna.com/can-first-cousins-marry-in-south-dakota/)
