In Pennsylvania, first-cousin marriages are generally prohibited, but the state allows exceptions under specific conditions. Here’s a detailed legal breakdown:
Pennsylvania Marriage Laws on Cousins
- First Cousins
- Prohibited under Pennsylvania Consolidated Statutes Title 23 § 1304, except:
- If both parties are 65+ years old
- If a court approves the union due to proven infertility (rarely applied)
- Prohibited under Pennsylvania Consolidated Statutes Title 23 § 1304, except:
- Second Cousins and Beyond
- Fully legal without restrictions.
Key Context from Neighboring States
| State | First-Cousin Marriage Status |
|---|---|
| New York | Legal |
| Ohio | Illegal |
| Delaware | Legal with genetic counseling |
Genetic and Social Considerations
- Health Risks: First-cousin unions slightly increase birth defect risks (~4-7% vs. ~3% baseline) but remain lower than maternal-age-related risks.
- Religious Exceptions: While canon law prohibits first-cousin marriages, Pennsylvania’s civil law governs secular unions.
Enforcement and Penalties
- Void Marriages: Unqualified first-cousin unions are automatically invalid, even if performed out-of-state.
- Fraud Charges: Misrepresenting familial ties on marriage applications can lead to felony charges.
For second cousins or beyond, Pennsylvania imposes no legal barriers, aligning with most U.S. states. Always verify with county clerks, as local interpretations of infertility exceptions vary.
Sources:
- https://ideas.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1876&context=dlra
- https://www.buckscounty.gov/666/Requirements-Restrictions
- 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://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
