In Indiana, the legality of marrying your cousin depends on specific circumstances. Here’s what the law says:
General Rule
First-cousin marriages are generally prohibited in Indiana.
The state law stipulates that two individuals may not marry each other if they are more closely related than second cousins.
Exception for Older Couples
However, Indiana law provides an exception for first-cousin marriages under certain conditions:
- First cousins are allowed to marry if both individuals are at least 65 years old.
This exception recognizes that the primary concern with first-cousin marriages – potential genetic issues in offspring – is less relevant for couples past typical childbearing age.
Legal Implications
It’s important to note that:
- Marriages between first cousins who do not meet the age requirement are considered void under Indiana law.
- The law applies equally to all types of first cousins, including maternal and paternal.
- Second cousins and more distant relatives are allowed to marry without restrictions.
Comparison to Other States
Indiana’s approach to first-cousin marriage is relatively restrictive compared to some other states:
- 17 states, including California and New York, allow first-cousin marriages without restrictions.
- Some states, like Maine, allow first-cousin marriages with genetic counseling.
- Other states, such as Arizona and Illinois, have age restrictions similar to Indiana’s.
In summary, while first-cousin marriage is generally illegal in Indiana, there is a specific exception for couples where both individuals are 65 years or older. For all other cases, first-cousin marriages remain prohibited under state law.
Sources
- https://theamm.org/marriage-laws/indiana/539
- https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/
- https://www.newsweek.com/map-states-marry-cousin-tennessee-ban-1889727
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.in.gov/courts/services/marriage-license/