Harrisburg, PA – If you’re wondering whether first cousin marriage is legal in Pennsylvania, the answer is no. Pennsylvania law explicitly prohibits marriage between first cousins, making such unions void or voidable depending on legal interpretation.
Here’s a full breakdown of what the law says and what it means for couples.
What Does Pennsylvania Law Say About Cousin Marriage?
Under Pennsylvania marriage statutes, first cousins are prohibited from marrying. The law states plainly:
“A man may not marry his first cousin” and “A woman may not marry her first cousin.”
This makes any attempt by first cousins to marry in Pennsylvania legally invalid from the outset.
Is the Marriage Void or Voidable?
There’s a key distinction in legal terminology:
- Void marriages are considered never valid.
- Voidable marriages may require a legal annulment to be officially dissolved.
Though the statute uses the word “void,” Pennsylvania courts have occasionally interpreted these marriages as voidable—meaning they might technically require legal intervention (like annulment or divorce) to address matters like property, custody, or inheritance.
Can First Cousins Marry in Another State and Be Recognized in PA?
This is where things get tricky.
If a Pennsylvania couple travels to another state—such as New Jersey or New York, where first cousin marriage is legal—and gets married there, Pennsylvania may not recognize the marriage when the couple returns.
Why?
Because Pennsylvania has a strong public policy against cousin marriage. And while the general rule is to recognize marriages valid in the state they were performed, that rule doesn’t apply if the marriage violates deeply held public policy in the home state.
Out-of-state cousin marriages are not automatically voided, but they could be challenged and invalidated in Pennsylvania courts.
Is It a Crime to Marry Your First Cousin in Pennsylvania?
No. Unlike some states that criminalize such unions, Pennsylvania does not impose criminal penalties for first cousin marriage. There’s no jail time or fine, but the marriage will not be legally recognized in the state.
| Relationship | Legal to Marry in PA? | Marriage Status |
|---|---|---|
| First Cousin | No | Void or Voidable |
| Second Cousin | Yes | Legal |
| Out-of-State First Cousin | Not Automatically Legal | May Be Voided If Challenged |
What About Other Relatives?
Pennsylvania law also prohibits marriage between:
- Siblings
- Parents and children
- Aunts/uncles and nieces/nephews
Read Also: Is It Legal to Marry Your Cousin in Alabama? Here’s the Law You Should Know
These are considered incestuous and void under all circumstances. However, second cousins and beyond are legally allowed to marry in Pennsylvania.
Key Takeaways
- First cousin marriages are illegal in Pennsylvania.
- Such marriages are not criminal, but they carry no legal weight in the state.
- Out-of-state cousin marriages may or may not be recognized, depending on whether Pennsylvania courts find they violate public policy.
- Second cousin marriages are legal and recognized.
Do you think Pennsylvania’s cousin marriage laws are outdated or necessary? Share your views now at newyorkdailygazette.com and join the discussion.
