Yes, it is illegal to marry your first cousin in Pennsylvania. The law explicitly prohibits marriage between first cousins, with no exceptions for age, infertility, or other circumstances.
What the Law Says
- Statute: Pennsylvania law states: “A man may not marry his first cousin… A woman may not marry her first cousin.”
This prohibition is found in Title 23 of the Pennsylvania Consolidated Statutes. - Scope: The law applies to both men and women and covers all first cousin relationships, regardless of whether they are full or half first cousins.
- No Exceptions: Unlike some states that allow first cousin marriage under certain conditions (such as age or infertility), Pennsylvania has a blanket ban. There are no special exceptions or loopholes.
What Happens If First Cousins Marry in Pennsylvania?
- Marriage is Void: Any marriage between first cousins performed in Pennsylvania is declared void under state law. This means the marriage is considered legally invalid from the outset.
- No Criminal Penalty: While the marriage is void, there is no criminal penalty for attempting to marry your first cousin in Pennsylvania. However, the marriage can be annulled or dissolved by the courts.
What About Marrying Out of State?
- Recognition of Out-of-State Marriages:
If first cousins, both domiciled in Pennsylvania, travel to a state where cousin marriage is legal (such as New Jersey or New York) and marry there, Pennsylvania will generally recognize that marriage as valid when they return. - Public Policy: While Pennsylvania law prohibits the marriage, its courts have historically recognized cousin marriages performed legally in other states, unless the marriage falls into a category considered “incestuous” by public policy (such as parent-child or sibling marriages, which cousin marriages do not).
Other Cousin Relationships
- First Cousins Once Removed and Beyond:
Marriages between more distant relatives (such as first cousins once removed, second cousins, etc.) are allowed in Pennsylvania. - Half First Cousins:
The law is not explicit about half first cousins, but the general prohibition applies to “first cousins,” so caution is advised. Legal advice is recommended if this situation applies.
Table
| Relationship | Marriage Legal in PA? |
|---|---|
| First Cousin | No |
| First Cousin Once Removed | Yes |
| Second Cousin or More Distant | Yes |
| Out-of-State First Cousin Marriage | Recognized |
Key Takeaway
It is illegal to marry your first cousin in Pennsylvania, and such a marriage performed within the state is void. However, Pennsylvania will recognize a first cousin marriage that was legally performed in another state where such unions are permitted.
Sources
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://dataminingdna.com/can-first-cousins-marry-in-pennsylvania/
- https://ideas.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1876&context=dlra
- https://www.uscis.gov/sites/default/files/err/D6%20-%20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2021/JUN092021_01D6101.pdf
- https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=13&sctn=4&subsctn=0