Kansas law is clear: it is illegal to marry your first cousin in the state. According to Kansas Statute 23-102, marriages between first cousins are considered incestuous and are “absolutely void.” This prohibition is listed alongside other close familial relationships such as parent-child, siblings, and uncle-niece or aunt-nephew marriages. The law applies to both legitimate and illegitimate relatives.
What Relationships Are Prohibited?
Kansas specifically prohibits marriage between:
- Parents and children (including grandparents and grandchildren)
- Siblings (whole and half-blood)
- Uncles and nieces, aunts and nephews
- First cousins
If a marriage is found to be within these categories, it is not just illegal-it is treated as if it never existed in the eyes of Kansas law.
Are There Any Exceptions?
Kansas law does not allow for exceptions based on age, infertility, or other circumstances for first cousin marriage. However, the law does not prohibit marriage between more distant relatives, such as first cousins once removed or half-cousins.
Cohabitation and Sexual Relations
While first cousins cannot legally marry in Kansas, the law does not explicitly prohibit them from living together or having a relationship outside of marriage. This is different from some other states, where even cohabitation or sexual relations between cousins may be restricted.
Recognition of Out-of-State Cousin Marriages
A notable exception exists if the marriage is performed in a state where first cousin marriage is legal. Kansas law (K.S.A. 23-115) generally recognizes marriages that are valid where celebrated, even if they would be illegal if performed in Kansas. For example, if first cousins marry in Colorado (where such marriages are legal), Kansas will recognize that marriage as valid when the couple returns to Kansas. This principle is consistent with how most U.S. states treat marriages performed elsewhere.
“All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state.” – K.S.A. 23-115
Kansas Cousin Marriage Laws
| Relationship | Marriage Legal in Kansas? | Notes |
|---|---|---|
| First Cousins | No | Explicitly void and prohibited |
| First Cousins Once Removed | Yes | Allowed |
| Half-Cousins | Yes | Allowed |
| Out-of-State First Cousin Marriages | Recognized | If legal where performed |
Key Takeaways
- Marrying your first cousin is illegal and void in Kansas.
- First cousins once removed and half-cousins can marry in Kansas.
- Kansas will recognize first cousin marriages performed in states where it is legal.
If you have more questions about family law or marriage requirements in Kansas, feel free to ask!
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://law.justia.com/codes/kansas/2011/Chapter23/Article1/23-102.html
- https://www.ksrevisor.org/statutes/chapters/ch23/023_025_0008.html
- https://www.kslegislature.gov/li_2020/b2019_20/statute/023_000_0000_chapter/023_025_0000_article/023_025_0003_section/023_025_0003_k/
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
