Is It Illegal to Marry Your Cousin in Oklahoma? Here’s What the Law Says

In Oklahoma, marrying your first cousin is illegal and considered incestuous under state law. Such marriages are explicitly prohibited and deemed void, according to Oklahoma Statutes Title 43, Section. However, there are specific nuances and exceptions to this prohibition. Below is a detailed explanation of the legal framework surrounding cousin marriages in Oklahoma.

Legal Status of Cousin Marriages in Oklahoma

First Cousins

• Marriages between first cousins are strictly prohibited in Oklahoma. This prohibition applies regardless of whether the cousins are related by whole blood or half blood.
• Entering into a first-cousin marriage within Oklahoma is considered criminal and can lead to legal consequences. The state treats such unions as incestuous and void.

Recognition of Out-of-State First-Cousin Marriages

• While first-cousin marriages cannot be performed in Oklahoma, the state recognizes such marriages if they were legally conducted in another state where first-cousin marriage is permitted. For instance, if a couple marries in a state like Alabama or California (where first-cousin marriages are legal), their marriage will be valid and binding upon their return to Oklahoma.

Distant Cousins

• Marriages between more distant relatives, such as second cousins or first cousins once removed, are allowed in Oklahoma. These relationships fall outside the prohibited degrees of consanguinity defined by state law.

Penalties for Violating Incest Laws

• Engaging in marital or sexual relations with a close relative, including a first cousin, constitutes a felony under Oklahoma law. Convictions can result in up to 10 years of imprisonment.
• Additionally, individuals sentenced to more than two years for incest-related crimes must register as sex offenders upon release.

Key Exceptions

• If a marriage between first cousins is performed legally in another jurisdiction where such unions are permitted, Oklahoma recognizes the marriage as valid. This exception highlights the state’s approach to respecting out-of-state marital laws while maintaining its own prohibitions.

Why Are First-Cousin Marriages Prohibited?

Oklahoma’s laws prohibiting first-cousin marriages stem from concerns about genetic risks associated with close-relative unions and the cultural stigma surrounding incestuous relationships. These laws aim to prevent potential health complications for offspring and uphold societal norms against close familial marriages.

States Where First-Cousin Marriages Are Legal

Is It Illegal to Marry Your Cousin in Alabama ? Here’s What the Law Says

In contrast to Oklahoma’s strict prohibition, several states allow first-cousin marriages without restrictions, including Alabama, California, Vermont, and New York. Other states have conditional allowances based on factors like age or infertility.

• First-cousin marriages are illegal and void within Oklahoma.
• Such marriages conducted legally in other states are recognized.
• Marriages between second cousins or more distant relatives are permitted.

For those considering marrying a cousin in Oklahoma or navigating legal complexities surrounding such relationships, consulting an experienced family law attorney is advisable.

Sources:

1. https://www.wirthlawoffice.com/incest-charges.html
2. https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/
3. https://www.theoklahomacityattorney.com/oklahoma-city-lawyer-blog/whos-ineligible-for-marriage-in-oklahoma-know-the-law/
4. https://law.justia.com/codes/oklahoma/title-43/section-43-2/
5. https://dataminingdna.com/can-first-cousins-marry-in-oklahoma/