In Arizona, marrying your first cousin is generally prohibited under state law, but there are specific exceptions that make such marriages legal under certain conditions. The legal framework for this is outlined in Arizona Revised Statutes (A.R.S.) § 25-101.
General Prohibition
Arizona law explicitly prohibits marriage between close relatives, including first cousins. This rule is part of the state’s broader restrictions on consanguineous marriages, which also include relationships such as parent-child, siblings, and uncle-niece or aunt-nephew.
Exceptions for First Cousin Marriages
Despite the general prohibition, Arizona allows first cousins to marry under two specific conditions:
- Age Exception: Both parties must be at least 65 years old to marry legally without additional requirements.
- Infertility Exception: If one or both individuals are under 65, they can still marry with court approval. To obtain this approval, they must provide evidence to a judge that one of them is sterile and incapable of reproducing.
These exceptions aim to address concerns about potential genetic risks associated with offspring from first cousin unions while providing flexibility for couples who cannot have children due to age or infertility.
Legal Implications
If a marriage between first cousins does not meet these exceptions, it is considered void and prohibited under Arizona law. Additionally, sexual relations or cohabitation between first cousins who are not married is also not permitted in the state.
Broader Context
Arizona is one of several U.S. states with conditional allowances for first cousin marriages. While 24 states outright prohibit such unions, 18 states allow them without restrictions, and eight states, including Arizona, permit them under specific conditions.
In summary, while marrying your first cousin in Arizona is generally illegal, it becomes permissible if both individuals are over 65 or if a court approves the marriage based on proof of infertility. Couples considering this should consult legal professionals to ensure compliance with state laws and procedures.
Sources
- https://www.arizonalawgroup.com/arizona-divorce/about-marriage-in-arizona/
- https://www.draslamabdullah.com/post/first-cousin-marriage-laws-in-the-u-s
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
- https://www.arizonalawgroup.com/arizona-family-law-statutes/ars-25-101-void-and-prohibited-marriages/
- https://divorcemediationtucson.com/family-law/marriage-law-basics-legal-requirements-and-implications/
