Indiana’s laws regarding cousin marriage are specific and more restrictive than those of many other states. The legality hinges on the degree of relation and, in the case of first cousins, the age of the individuals involved.
Marriage Between First Cousins:
- In Indiana, first cousins are generally not permitted to marry.
- There is a single exception: first cousins may legally marry only if both individuals are at least 65 years old at the time of the marriage.
- This exception 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”.
Marriage Between Second Cousins and Beyond:
- Marriages between second cousins and more distant relatives are legal in Indiana, with no age restriction.
- The law specifically prohibits marriage between individuals more closely related than second cousins, with the only exception being the aforementioned rule for first cousins over 65.
Marriage License Application:
- When applying for a marriage license in Indiana, applicants are asked about their relationship.
- The Clerk’s Office will not issue a marriage license if the applicants are more closely related than second cousins, unless both are first cousins and at least 65 years old.
- The age and relationship requirements are strictly enforced during the application process.
Void Marriages:
- Any marriage in Indiana that violates these relationship restrictions is considered void without the need for legal proceedings.
- However, if a marriage between first cousins is solemnized after September 1, 1977, and both parties were at least 65 years old at the time, the marriage is not void.
Comparison Table: Cousin Marriage Laws in Indiana
| Relationship | Legal to Marry? | Age Restriction | Notes |
|---|---|---|---|
| First Cousins | Yes, with exception | Both must be 65+ | Only legal if both parties are 65 or older |
| Second Cousins | Yes | None | No restriction |
| Closer than 2nd | No | N/A | Prohibited |
| First Cousins <65 | No | N/A | Not permitted |
Rationale Behind the Law
Indiana’s restriction on first cousin marriage for those under 65 is rooted in historical concerns about genetic risks associated with close-relative unions. The age exception is likely based on the reduced likelihood of childbearing at 65 and older, thereby mitigating the perceived genetic risk.
Sexual Relations and Cohabitation
- Sexual relations and cohabitation between first cousins are not criminalized in Indiana, regardless of age6.
- The restriction applies strictly to marriage, not to other forms of relationships.
Out-of-State Marriages
- Indiana law does not explicitly address the recognition of first cousin marriages performed legally in other states where there is no age restriction. However, marriages that violate Indiana’s specific restrictions may be considered void if the couple resides in Indiana.
Summary
- It is illegal for first cousins to marry in Indiana unless both are 65 years of age or older.
- Marriages between second cousins or more distant relatives are allowed without restriction.
- Marriages violating these rules are void under Indiana law.
- The law is enforced during the marriage license application process, and exceptions are rare and strictly age-based.
Anyone considering marriage to a cousin in Indiana should consult the latest state statutes and, if needed, seek legal advice to ensure compliance with all legal requirements.
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.in.gov/courts/services/marriage-license/
- https://ground.news/article/is-it-illegal-to-marry-your-cousin-in-indiana-heres-what-the-law-says_392f76
