In Nebraska, it is illegal to marry your first cousin. The state’s marriage laws explicitly prohibit marriages between close blood relatives, including first cousins. According to Nebraska statutes, a marriage is void if the parties are related as “parent and child, grandparent and grandchild, brother and sister of half as well as whole blood, first cousins when of whole blood, uncle and niece, and aunt and nephew”.
This prohibition applies regardless of the age or circumstances of the individuals involved—Nebraska does not provide exceptions for first cousin marriages based on age, infertility, or other criteria.
Who Is Considered a First Cousin?
A first cousin is the child of your parent’s sibling. Nebraska law specifically refers to “first cousins when of whole blood,” meaning the children of full siblings (siblings who share both parents). This distinction is important because it means that the ban applies to first cousins whose parents are full siblings.
Half First Cousins
The law in Nebraska singles out “whole blood” first cousins, which means that half first cousins—children of half-siblings (siblings who share only one parent)—are not explicitly banned from marrying. Therefore, half first cousin marriages are permitted under Nebraska law. More distant relationships, such as first cousins once removed, second cousins, or third cousins, are also allowed to marry in the state.
Recognition of Out-of-State Cousin Marriages
If first cousins marry in a state where such unions are legal and then move to Nebraska, the marriage is generally recognized as valid. Nebraska law states that “all marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state”.
This means that if a Nebraska resident marries their first cousin in a state like Colorado or California—where first cousin marriage is legal—the marriage will be recognized in Nebraska, even though it could not be performed there.
Marriage Application and Enforcement
Nebraska marriage license application forms do not specifically ask whether the applicants are related by blood. However, when signing the application, couples are affirming that there is no legal impediment to their marriage. If a prohibited marriage is discovered after the fact, it may be considered void and subject to annulment by a court.
Nebraska Cousin Marriage Laws
| Relationship | Marriage Legal in Nebraska? | Notes |
|---|---|---|
| First cousins (whole) | No | Explicitly prohibited by state law |
| First cousins (half) | Yes | Not specifically prohibited |
| Second cousins | Yes | Legal |
| First cousins once removed | Yes | Legal |
| Out-of-state first cousin marriage | Recognized | If valid where performed, recognized in Nebraska |
Key Takeaways
- It is illegal to marry your first cousin in Nebraska.
- Half first cousins and more distant relatives may marry.
- First cousin marriages performed legally in another state are recognized in Nebraska.
- Violating these rules can result in the marriage being declared void or annulled by a court.
If you are considering marriage to a relative in Nebraska, it is important to understand these legal boundaries to ensure your marriage is valid and recognized by the state.
SOURCES:-
[1] https://www.lawinfo.com/resources/family-law/nebraska/
[2] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[3] https://dataminingdna.com/can-first-cousins-marry-in-nebraska/
[4] https://nebraskalegislature.gov/laws/statutes.php?statute=42-103
[5] https://www.legalmatch.com/law-library/article/cousin-marriage-laws.html
