Marrying a first cousin is prohibited in Pennsylvania under state law, but the situation has nuances regarding out-of-state marriages and legal recognition. Here’s a detailed breakdown:
Pennsylvania Law on First-Cousin Marriage
- In-state prohibition: Pennsylvania law (Title 23 § 1304) explicitly bans issuing marriage licenses to first cousins. Violating this renders the marriage voidable (not automatically void), meaning it can be annulled through legal action.
- No incest classification: Cousin marriages are not classified as incestuous under state law, distinguishing them from parent-child or sibling unions.
Out-of-State Marriages
- Recognition: Pennsylvania generally recognizes first-cousin marriages legally performed in other states (Schofield v. Schofield, 1910), provided they don’t violate public policy (e.g., polygamy).
- Residency: Couples domiciled in Pennsylvania can marry in a state where it’s legal (e.g., New Jersey, New York) and return without automatic invalidation.
Legal Risks and Considerations
- Divorce grounds: A Pennsylvania resident can seek annulment of a cousin marriage, even if performed out-of-state, by arguing it violates state public policy.
- Genetic counseling: Though not required by law, medical professionals often advise genetic counseling due to increased risks of inherited disorders.
- Federal implications: Immigration cases may scrutinize such marriages for validity, requiring proof of relocation intent or compliance with both states’ laws.
Comparison with Neighboring States
| State | First-Cousin Marriage Allowed | Recognizes Out-of-State PA Resident Marriages? |
|---|---|---|
| Pennsylvania | ❌ | ✔️ (If legally performed elsewhere) |
| New Jersey | ✔️ | ✔️ |
| New York | ✔️ | ✔️ |
Bottom Line: While Pennsylvania bans first-cousin marriages within the state, couples can legally marry elsewhere and retain recognition in PA—though legal challenges may arise. Consult a family law attorney to navigate potential risks.
Sources:
- https://annualreport.mediclinic.com/post/states-where-it-is-legal-to-marry-your-cousin
- https://www.uscis.gov/sites/default/files/err/D6%20-%20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2021/JUN092021_01D6101.pdf
- https://ideas.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1876&context=dlra
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
