In Ohio, the legality of marrying your cousin is not as straightforward as in some other states. Here’s what Ohio law says about cousin marriage:
First Cousin Marriage
Ohio law does not explicitly prohibit marriage between first cousins. However, it’s important to note that such marriages are not approved by law either.
The Ohio Revised Code states that individuals “not nearer of kin than second cousins” may be joined in marriage. This wording implies that first cousin marriages are not sanctioned, but it doesn’t explicitly make them illegal or void.
Legal Ambiguity
The lack of explicit prohibition has led to some legal ambiguity. In the case of Mazzolini v. Mazzolini, the Ohio Supreme Court noted that while first-cousin marriages are not approved by law, they are not expressly prohibited or made void by any statutory enactment. This leaves room for interpretation in legal contexts.
Age Requirements
Ohio law specifies age requirements for marriage:
- Males must be at least 18 years old
- Females must be at least 16 years old
For individuals under 18, additional requirements apply:
- Parental or guardian consent is necessary
- Pre-marriage counseling is generally required
Other Marriage Requirements
Ohio law outlines several other requirements for marriage:
- Mental and physical capacity to understand the nature of marriage
- Single status (bigamy is illegal)
- Marriage license obtained from the probate court
Cousin Marriage in Practice
Despite the legal ambiguity, cousin marriages are not common in Ohio. The practice is generally discouraged due to potential genetic risks for offspring and social stigma.
Comparison to Other States
Ohio’s stance on cousin marriage is less clear-cut than many other states. As of 2025:
- 24 U.S. states prohibit first cousin marriages
- 18 states allow them
- 8 states allow them under certain conditions
While Ohio law does not explicitly prohibit first cousin marriages, they are not officially sanctioned either. The legal ambiguity surrounding such unions means that individuals considering marrying their first cousin in Ohio should seek legal counsel to understand potential implications. It’s also advisable to consider genetic counseling due to potential health risks for offspring.
SOURCES:-
[1] https://www.ghmc.org/marriage/getting-married/marriage-requirements
[2] https://casetext.com/case/mazzolini-v-mazzolini
[3] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[4] https://www.uscis.gov/sites/default/files/err/D6%20-%20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2021/JUN022021_03D6101.pdf
[5] https://codes.ohio.gov/ohio-revised-code/chapter-3101
