Marriage laws differ significantly from state to state, especially when the people planning to marry are related by blood. Yes, it is illegal to marry your first cousin in Pennsylvania because Pennsylvania law prohibits the issuance of a marriage license to first cousins. A marriage between people within the prohibited degrees of relationship may also be treated as void under Pennsylvania law.
Pennsylvania Prohibits First-Cousin Marriage
Pennsylvania’s marriage statute specifically lists first cousins among the relationships that cannot legally marry. Section 1304(e) of Title 23 states that a man may not marry his first cousin and that a woman may not marry her first cousin. Because the relationship is specifically included in the prohibited degrees of consanguinity, a Pennsylvania marriage license cannot be issued for a first-cousin marriage.
This rule applies to first cousins related through either the maternal or paternal side of the family. The law focuses on the degree of biological relationship rather than whether the cousins were raised together or have a close personal relationship.
What Happens If First Cousins Attempt to Marry?
If two first cousins apply for a marriage license in Pennsylvania, the application should be denied because the relationship falls within the prohibited degrees of consanguinity.
If a purported marriage nevertheless occurs despite the legal prohibition, Pennsylvania law provides that marriages within prohibited degrees of consanguinity may be considered void or subject to legal challenge. The Pennsylvania Domestic Relations Code allows the validity of such a marriage to be challenged through an annulment proceeding or another appropriate legal proceeding.
Therefore, simply holding a wedding ceremony does not necessarily create a legally valid marriage when the relationship is prohibited by Pennsylvania law.
Is Marrying a First Cousin a Criminal Offense?
The answer requires an important distinction. Pennsylvania law prohibits the marriage and prevents the issuance of a marriage license, but the legal consequences are not necessarily the same as a criminal conviction for the act of attempting to marry.
The primary legal issue is the validity of the marriage and whether the parties can legally obtain a marriage license. If the parties use fraud, false information, or other unlawful conduct to obtain a marriage license or conceal the relationship, separate legal issues could potentially arise.
The specific facts would determine whether any criminal statute applies.
What If the Couple Marries in Another State?
A couple may wonder whether traveling outside Pennsylvania changes the result. The validity of an out-of-state marriage can involve complex legal questions, including the law of the state where the marriage occurred and Pennsylvania’s public-policy rules.
Pennsylvania law specifically addresses marriages within prohibited degrees of consanguinity and provides procedures for treating such marriages as void in appropriate circumstances. A person should not assume that traveling to another jurisdiction automatically resolves the legal issue under Pennsylvania law.
The exact legal treatment may depend on where the marriage occurred, the parties’ residence, and the circumstances surrounding the marriage.
What About More Distant Cousins?
Pennsylvania’s statutory prohibition specifically identifies first cousins and certain closer family relationships. More distant relationships, such as second cousins, are not listed in the same prohibition under Section 1304(e).
However, people should carefully determine their exact biological relationship before applying for a marriage license. Family terminology can sometimes be confusing, especially when people use terms such as “cousin” informally.
The Bottom Line
Yes, Pennsylvania law prohibits first cousins from marrying within the Commonwealth. A Pennsylvania marriage license cannot be issued to first cousins, and a marriage involving a prohibited degree of consanguinity may be subject to being declared void or annulled.
Because marriage validity can become complicated when a ceremony occurs outside Pennsylvania or when the parties have different legal residences, anyone facing a specific situation should consult a Pennsylvania family-law attorney. This article provides general legal information and is not legal advice.
