The legality of marrying your first cousin in Arizona is conditional and subject to specific restrictions outlined in state law. While such marriages are generally prohibited, exceptions exist under certain circumstances. Below is a detailed explanation of what the law says about cousin marriage in Arizona.
General Prohibition on Cousin Marriage
Under Arizona Revised Statutes (ARS) § 25-101, marriages between close relatives, including first cousins, are generally prohibited and considered void. This law aims to prevent potential genetic risks associated with offspring from closely related individuals and to align with societal norms regarding family relationships.
Exceptions to the Rule
Despite the general prohibition, Arizona law provides two exceptions under which first cousins can legally marry:
- Age-Based Exception:
- First cousins may marry if both individuals are at least 65 years old.
- Infertility Exception:
- If one or both cousins are under 65 years old, they may marry only with court approval. To obtain this approval, they must provide proof that one of them is sterile and incapable of reproducing. This condition is designed to mitigate concerns about potential genetic risks to offspring.
These exceptions make Arizona one of the few states where cousin marriage is allowed under specific conditions rather than being outright legal or illegal.
Legal Process for Exceptions
For first cousins seeking to marry under these exceptions:
- If both parties are over 65, they can proceed without additional legal hurdles.
- If infertility is the basis for the marriage, a petition must be submitted to a superior court judge in Arizona. The court will require medical proof of sterility before granting approval.
Penalties for Violating the Law
Marriages between first cousins that do not meet these exceptions are considered void and unenforceable under Arizona law. Additionally:
- Attempting to marry without meeting the legal requirements could result in fines or other legal consequences.
- Such marriages may not be recognized by the state and could lead to complications regarding marital rights, inheritance, and other legal matters.
Comparison with Other States
Arizona’s approach to cousin marriage is more restrictive than some states but less so than others:
- In states like Alabama and California, first cousin marriage is fully legal without conditions.
- Conversely, states like Texas and Nevada completely prohibit cousin marriage and even criminalize it in some cases.
- Arizona’s conditional allowance places it among states like Utah and Wisconsin, where exceptions exist based on age or infertility.
Cultural and Practical Considerations
While cousin marriage is legal under specific conditions in Arizona, it remains relatively rare due to cultural stigmas and concerns about genetic risks. Studies have shown that while the health risks for children of first cousins are higher than average, they are not as significant as commonly believed. Nonetheless, public perception continues to influence laws and practices surrounding this issue.
In summary, marrying your first cousin in Arizona is not outright illegal but is heavily regulated. Such marriages are permitted only if both parties are at least 65 years old or if they can prove infertility through court approval.
Understanding these legal requirements is crucial for those considering such unions in Arizona. For further guidance, consulting a family law attorney is recommended to navigate the complexities of the state’s marriage laws.
SOURCES:-
[1] https://www.arizonalawgroup.com/arizona-family-law-statutes/ars-25-101-void-and-prohibited-marriages/
[2] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[3] https://divorcemediationtucson.com/family-law/marriage-law-basics-legal-requirements-and-implications/
[4] https://www.arizonalawgroup.com/arizona-divorce/about-marriage-in-arizona/
[5] https://www.findlaw.com/state/arizona-law/arizona-marriage-laws.html
