Marriage between cousins is a topic that generates curiosity and sometimes controversy due to differing laws across the United States. In New York, the legal framework is clear, but the topic still raises questions about legality, recognition, and social implications. Here’s a comprehensive look at what New York law says about marrying your cousin.
Is It Legal to Marry Your Cousin in New York?
Yes, it is legal to marry your first cousin in New York. The state explicitly allows first cousins to marry, making it one of the 18 states in the U.S. where such unions are permitted without restriction. This means that if you and your partner are first cousins (sharing a set of grandparents), you can legally obtain a marriage license and wed in New York.
Who Cannot Marry in New York?
While New York law is permissive regarding cousin marriage, it is strict about other close familial relationships. According to New York’s Domestic Relations Law, the following marriages are prohibited and considered void:
- Parent and child (ancestor and descendant)
- Grandparent and grandchild
- Siblings (whole or half-blood)
- Uncle and niece, or aunt and nephew
These prohibitions exist regardless of whether the relationship is by blood or, in some cases, by adoption. Violating these restrictions can result in the marriage being voided and may carry legal penalties.
What About Other Types of Cousins?
New York law does not prohibit marriage between:
- First cousins (children of siblings)
- Half-first cousins (children of half-siblings)
- First cousins once removed (child of your cousin or cousin of your parent)
- Second, third, and more distant cousins
This means that not only are first cousin marriages legal, but so are marriages between more distant relatives within the cousin category.
Recognition and Out-of-State Issues
While New York allows first cousin marriages, it’s important to note that not all states do. If you marry your first cousin in New York and move to a state where cousin marriage is prohibited, that state may not recognize your marriage as valid. This could have implications for legal rights, inheritance, and other matters depending on the state’s specific laws.
Why Is Cousin Marriage Legal in New York?
The legal rationale is rooted in the state’s historical approach to marriage law. While concerns about genetic risks to offspring from cousin marriages exist, scientific studies suggest the risk of birth defects is only slightly higher for children of first cousins compared to unrelated parents. New York, like several other states, has determined that these risks are not sufficient grounds to prohibit such marriages outright.
Social and Genetic Considerations
Although legal, cousin marriage is relatively rare in the United States and can carry social stigma. Historically, cousin marriages were more common, even among notable figures such as Charles Darwin and Queen Victoria. Today, the decision to marry a cousin is often influenced by cultural, religious, or familial factors.
Genetically, while there is a modestly increased risk of certain recessive conditions in children of first cousins, the overall risk is not dramatically higher than in the general population.
Summary Table: Who Can and Cannot Marry in New York
| Relationship | Marriage Legal? |
|---|---|
| First Cousin | Yes |
| Half-First Cousin | Yes |
| Second Cousin | Yes |
| Parent/Child | No |
| Siblings (whole/half) | No |
| Uncle/Niece or Aunt/Nephew | No |
It is legal to marry your first cousin in New York. The state’s laws are clear and unambiguous on this point, though they strictly prohibit marriage between closer relatives such as siblings or parent and child. If you are considering marrying your cousin in New York, you are within your legal rights to do so, but you should be aware of potential social perceptions and the possibility that your marriage may not be recognized in other states where cousin marriage is illegal.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://991thewhale.com/legal-to-marry-first-cousin-in-new-york/
- https://www.yahoo.com/news/york-state-allows-marry-relative-002457243.html
- https://wblk.com/is-it-legal-to-marry-your-cousin-in-new-york/
- https://981thehawk.com/can-i-marry-my-cousin-in-ny/
