In Illinois, marrying your first cousin is generally prohibited, but the law includes two specific exceptions that make such marriages legal under certain circumstances. The rules are outlined in Illinois statute 750 ILCS 5/212, which lists prohibited marriages and the exceptions for first cousins.
When Is First Cousin Marriage Allowed in Illinois?
Illinois law states that a marriage between first cousins is only permitted 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 the marriage license application.
If neither of these conditions is met, the marriage is not legally recognized in Illinois.
Legal Text Example
“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 for filing with the county clerk … a certificate signed by a licensed physician stating that the party … is permanently and irreversibly sterile.”
- Illinois Compiled Statutes 750 ILCS 5/212
Why These Restrictions?
The restrictions are rooted in long-standing cultural taboos and outdated concerns about genetic risks to children born from cousin marriages. Although modern research suggests the risk of birth defects is lower than previously believed, the law remains in place, partly due to historical and social factors rather than current scientific consensus.
Recognition of Out-of-State Cousin Marriages
Illinois does not recognize first cousin marriages performed in other states or countries if the couple would not be eligible to marry under Illinois law. For example, if two first cousins marry in a state where such marriages are allowed without age or sterility restrictions and then move to Illinois, their marriage may not be recognized as valid in Illinois.
Second Cousins and Beyond
The law specifically targets first cousins. Marriages between second cousins or more distant relatives are not prohibited and are legal in Illinois.
Same-Sex Cousin Marriages
Illinois applies the same rules to same-sex cousin marriages as it does to opposite-sex cousin marriages: the union is only legal if both parties are over 50 or one is sterile.
Key Points
- First cousin marriage is illegal in Illinois unless both parties are 50+ years old or one is permanently sterile.
- Out-of-state cousin marriages may not be recognized if they don’t meet Illinois’ requirements.
- Second cousins and more distant relatives can legally marry in Illinois.
- The law applies equally to same-sex and opposite-sex couples.
If you have more questions about marriage laws in Illinois or want to know about exceptions for other types of relatives, feel free to ask!
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.yahoo.com/news/legal-marry-first-cousin-second-161614122.html
- https://b100quadcities.com/first-cousin-marriage-chicago-illinois/
- https://www.illinoistimes.com/news-opinion/why-cant-cousins-marry-15982640
- https://www.reddit.com/r/immigration/comments/vupwva/i_am_an_american_citizen_and_live_in_illinois_i/
