In New York, first-cousin marriages are legal, as state law does not explicitly prohibit unions between cousins. Here’s a detailed breakdown of the legal framework:
Legal Status of Cousin Marriage
- Permitted: New York allows marriages between first cousins (those sharing a set of grandparents), half-first cousins, and more distant relatives like second or third cousins.
- Not addressed in incest laws: New York’s Domestic Relations Law §5 prohibits marriages between siblings, parents/children, aunts/uncles, and nieces/nephews but does not include cousins in its list of forbidden relationships.
Prohibited Relationships
Marriages are void if between:
- Parent and child (including ancestors/descendants like grandparents and grandchildren).
- Siblings (full or half-blood).
- Uncles/aunts and nieces/nephews.
Key Considerations
- Recognition in other states: While legal in New York, some states may not recognize cousin marriages performed there.
- Health risks: Offspring of first-cousin marriages face increased risks of recessive genetic disorders, though this is a medical consideration, not a legal restriction.
- Legal reforms: New York’s laws have not been updated to address same-sex cousin marriages explicitly, but the existing framework applies regardless of gender.
New York permits first-cousin marriages due to the absence of explicit prohibitions in state law. However, marriages between closer relatives (e.g., siblings) remain illegal. While health concerns exist for children of cousin unions, these do not affect the legal status of such marriages in the state.
Sources:
- https://981thehawk.com/can-i-marry-my-cousin-in-ny/
- https://wour.com/is-it-legal-to-marry-your-first-cousin-in-new-york/
- https://familylawyer.1800nynylaw.com/incestuous-and-void-marriages.html
- https://wblk.com/is-it-legal-to-marry-your-cousin-in-new-york/
