Wisconsin’s laws regarding cousin marriage are nuanced and more restrictive than in many other states. Here’s a comprehensive overview of the legal status, requirements, and context for cousin marriages in Wisconsin.
Legal Status of Cousin Marriage in Wisconsin
Wisconsin law generally prohibits marriage between persons who are closer in relation than second cousins. However, there are specific exceptions for first cousins under certain conditions:
- First cousins may marry only if:
- The female party is at least 55 years old, or
- Either party provides a signed affidavit from a physician stating that one of them is permanently sterile.
This means that, except for these circumstances, first cousin marriages are not permitted in Wisconsin. Marriages between second cousins or more distantly related cousins are allowed without restriction.
Key Requirements and Procedures
If you meet the criteria for a legal first cousin marriage in Wisconsin, you must still comply with the state’s general marriage requirements:
- Both applicants must provide valid identification and proof of residency.
- Certified birth certificates are required.
- If previously married, proof of divorce or death of a previous spouse must be presented.
- There is a three-day waiting period after applying for a marriage license, and the license is valid for 60 days.
- The marriage license fee is $100 (as of the latest available information).
- Both parties must apply together in person.
Why the Restrictions?
The main reason for these restrictions is concern about the increased risk of genetic disorders in children born to first cousins. By limiting first cousin marriages to cases where the female is past childbearing age (55 or older) or where one party is sterile, the law aims to prevent the possibility of offspring from such unions. This approach reflects a compromise between outright prohibition and unrestricted allowance.
Criminal Penalties and Recognition of Out-of-State Marriages
- Engaging in a first cousin marriage in violation of Wisconsin law may render the marriage void and could be considered a criminal offense.
- Wisconsin does not recognize first cousin marriages performed in other states if the couple would not have qualified to marry under Wisconsin law.
- Marriages between first cousins once removed (for example, a person and their parent’s cousin) are also prohibited in Wisconsin.
Frequently Asked Questions
Can LGBTQ+ first cousins marry in Wisconsin?
The law is written in terms of “husband and wife,” and the restrictions are based on the potential for procreation. There is no explicit guidance on same-sex cousin marriages, but since the law’s intent is to prevent reproduction between close relatives, it is possible that same-sex cousin marriages may not face the same restrictions. However, this is not directly addressed in Wisconsin statutes and may require legal clarification.
What about half-cousins or adopted cousins?
The law applies to both whole and half-blood relationships and does not distinguish between them. Adopted cousins are generally treated the same as biological cousins under marriage law.
Wisconsin Cousin Marriage Laws
| Relationship | Marriage Allowed? | Special Conditions Required |
|---|---|---|
| First cousins | Yes, but only if female is 55+ or one is sterile | Physician affidavit or age requirement |
| First cousins once removed | No | Not allowed |
| Second cousins or further | Yes | None |
Cousin marriage in Wisconsin is legal only under tightly controlled circumstances. First cousins can marry only if the female is at least 55 or if either party is proven sterile. These restrictions are designed to prevent the birth of children from such unions, reflecting public health and policy concerns. Anyone considering a cousin marriage in Wisconsin should ensure they meet all legal requirements and consult with the county clerk or a family law attorney for guidance
Sources
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://docs.legis.wisconsin.gov/statutes/statutes/765/03?view=section
- https://codes.findlaw.com/wi/marriage-and-family-ch-765-to-770/wi-st-765-03/
- https://b105country.com/can-you-marry-your-first-cousin-in-wisconsin/
- https://myattorneyusa.com/immigration-blog/immigration-to-the-usa/marriage-invalid-if-it-goes-against-public-policy-of-state-of-residence-matter-of-zappia/
