Marrying your first cousin in Illinois is generally prohibited, but there are two exceptions that make such a marriage legal under specific circumstances.
Illinois Law on First Cousin Marriage
- General Rule:
Illinois law prohibits marriage between first cousins. - Exceptions:
A marriage between first cousins is allowed only if:- Both parties are 50 years of age or older, or
- Either party is permanently and irreversibly sterile, as certified by a licensed physician at the time of applying for a marriage license.
- Legal Reference:
This is codified in Illinois statute 750 ILCS 5/212, which states: “A marriage between cousins of the first degree; however, a marriage between first cousins is not prohibited if: (i) both parties are 50 years of age or older; or (ii) either party, at the time of application for a marriage license, presents…a certificate…that the party…is permanently and irreversibly sterile.”
Out-of-State and Immigration Considerations
- Recognition of Out-of-State Cousin Marriages:
Illinois does not recognize first cousin marriages performed in other states if the parties are Illinois residents and do not meet the state’s exceptions.
Table: Illinois First Cousin Marriage Law
| Situation | Legal in Illinois? |
|---|---|
| First cousins, both under 50, fertile | No |
| First cousins, both 50 or older | Yes |
| First cousins, either party is sterile | Yes (with certification) |
| First cousin marriage from another state | Not recognized unless above exceptions are met |
It is illegal to marry your first cousin in Illinois unless both individuals are at least 50 years old or one is permanently and irreversibly sterile. Outside of these exceptions, first cousin marriage is prohibited and not recognized by Illinois law
Sources
[1] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[2] https://www.findlaw.com/state/illinois-law/illinois-annulment-and-prohibited-marriage-laws.html
[3] https://www.reddit.com/r/immigration/comments/vupwva/i_am_an_american_citizen_and_live_in_illinois_i/
[4] https://b100quadcities.com/first-cousin-marriage-chicago-illinois/
[5] https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/