Indiana’s laws regarding marriage between cousins are clear and specific. The state generally prohibits marriage between close relatives, but there is a notable exception for first cousins based on age.
General Rule
Under Indiana law, two individuals may not marry each other if they are more closely related than second cousins. This means that, in most cases, first cousins are not permitted to marry in Indiana.
Exception for First Cousins Aged 65 and Older
The law makes a single exception: first cousins may legally marry in Indiana if—and only if—both individuals are at least 65 years old. This provision is codified in Indiana Code § 31-11-1-2, which states:
“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.”
Why the Age Exception?
The age-based exception is rooted in concerns about the potential health risks for children born to closely related parents. By allowing first cousin marriage only when both individuals are 65 or older, the law aims to minimize the likelihood of childbearing and, consequently, the associated genetic risks. This reflects a common approach in several U.S. states, where cousin marriage is permitted only under certain circumstances, such as advanced age or infertility.
Other Types of Cousins
- Second cousins and beyond:
Marriages between second cousins, third cousins, or more distant relatives are legal in Indiana at any age. - First cousins once removed:
The law does not prohibit marriage between first cousins once removed (for example, a person and their parent’s cousin).
Legal Status Table
| Relationship | Legal to Marry in Indiana? |
|---|---|
| First cousins (both under 65) | No |
| First cousins (both 65 or older) | Yes |
| Second cousins or more distant | Yes |
| First cousins once removed | Yes |
Recognition of Out-of-State Marriages
Indiana’s statutes do not explicitly address whether it will recognize first cousin marriages legally performed in other states where such unions are permitted. However, in many cases, states that prohibit cousin marriage domestically may still recognize marriages conducted legally elsewhere, but this can vary and is not guaranteed.
Historical and Social Context
Historically, cousin marriage was more common, even among notable figures such as Franklin D. Roosevelt and Charles Darwin. Today, however, it is less prevalent and often subject to legal restrictions due to evolving understanding of genetics and public health concerns.
- It is illegal for first cousins to marry in Indiana unless both are at least 65 years old.
- Second cousins and more distant relatives may marry at any age.
- The age restriction for first cousins is intended to reduce genetic risks to offspring.
- Indiana’s approach is similar to a handful of other states that allow cousin marriage only under specific circumstances.
Understanding these laws is important for anyone considering marriage to a cousin in Indiana, as violations can result in the marriage being voided and possible legal consequences.
Sources
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://theamm.org/marriage-laws/indiana/539
- https://law.justia.com/codes/indiana/title-31/article-11/chapter-1/section-31-11-1-2/
- https://www.mylolowcountry.com/usa-laws/is-it-illegal-to-marry-your-cousin-in-indiana-heres-what-the-law-says/
- https://law.justia.com/codes/indiana/2018/title-31/article-11/chapter-1/section-31-11-1-2/