Springfield, IL – In Illinois, marrying your first cousin is generally not allowed, but there are two narrow exceptions where it becomes legal.
The rules are set out in Illinois statute 750 ILCS 5/212, which lists prohibited marriages along with the rare conditions that make first cousin marriages possible.
When Is First Cousin Marriage Allowed in Illinois?
Under Illinois law, first cousins can legally marry only if:
- Both partners are at least 50 years old, or
- One partner is permanently and irreversibly sterile, with proof from a licensed physician submitted at the time of the marriage license application.
If neither of these conditions is met, the marriage is considered prohibited and will not be recognized by the state, according to The Hoptown Press.
The Exact Wording of the Law
The statute reads in part:
“A marriage between cousins of the first degree; however, a marriage between first cousins is not prohibited if: (i) both parties are 50 years of age or older; or (ii) either party… presents… a certificate signed by a licensed physician stating that the party… is permanently and irreversibly sterile.” – Illinois Compiled Statutes 750 ILCS 5/212
Why Does Illinois Have These Restrictions?
Historically, cousin marriage bans were based on cultural taboos and concerns about potential genetic risks for children. Modern genetic studies have shown the risk is lower than previously believed, but Illinois law has not changed to reflect this newer research. The rule remains largely due to tradition and public opinion.
Read Also: Arkansas Bans First Cousin Marriage: Here’s What You Need to Know
Recognition of Out-of-State Cousin Marriages
Illinois generally does not recognize first cousin marriages performed in other states or countries if the couple would not qualify under Illinois law.
For example:
- If two first cousins marry in a state where such marriages are allowed without restrictions and then move to Illinois, their marriage may be considered invalid here.
What About Second Cousins or More Distant Relatives?
The restriction applies only to first cousins. Marriages between second cousins, third cousins, or more distant relatives are fully legal in Illinois without age or sterility requirements.
Same-Sex Cousin Marriages
Illinois applies the same rules for same-sex cousin marriages as for opposite-sex couples: the union is only legal if both parties are 50+ years old or one is permanently sterile.
Illinois Cousin Marriage Rules at a Glance
| Relationship Type | Legal in Illinois? | Conditions |
|---|---|---|
| First Cousin | No, unless both are 50+ or one is sterile | Age/medical exception |
| Second Cousin | Yes | None |
| More Distant Cousins | Yes | None |
| Out-of-State First Cousin | No, unless meets IL requirements | Must qualify under IL law |
Key Takeaways
- First cousin marriage is banned in Illinois except for couples over 50 or where one partner is sterile.
- Second cousins and beyond can marry freely.
- Illinois will not recognize an out-of-state cousin marriage unless it meets Illinois’ legal requirements.
- Rules apply equally to same-sex and opposite-sex couples.
Do you think Illinois should keep its strict cousin marriage rules or follow states that allow it without restrictions? Share your thoughts at newyorkdailygazette.com and join the discussion.
