Pennsylvania law prohibits first cousins from marrying within the state. The Pennsylvania Consolidated Statutes explicitly list first cousins among prohibited relationships for marriage licenses.
Legal Prohibitions
Under 23 Pa.C.S. § 1304, marriage licenses cannot be issued to first cousins due to consanguinity rules. This includes both full and half first cousins, with no exceptions for age or other factors.
Such marriages are voidable under § 1703 if challenged during the parties’ lifetimes, barring inquiry after death.
Distant Relatives Allowed
First cousins once removed, second cousins, and further relations can legally marry in Pennsylvania. The law targets only immediate first-cousin unions, permitting more distant family ties.
Out-of-State Marriages
Pennsylvania recognizes first-cousin marriages performed legally in other states, based on early 20th-century court rulings. Half of neighboring states like New Jersey, New York, Maryland, Ohio, Delaware, and West Virginia allow them.
Historical Context
Cousin marriage bans stem from early U.S. laws influenced by religious and genetic concerns. Pennsylvania’s statute, updated as recently as 2020, maintains the prohibition without carve-outs.
Genetic and Social Risks
First-cousin marriages carry a slightly elevated risk of genetic disorders in offspring, around 3-4% higher than unrelated couples. Pennsylvania’s law reflects broader public policy against close-kin unions.
Religious Considerations
Catholic Church rules require a dispensation for first cousins, though second cousins face no such barrier. Civil prohibitions apply regardless of faith.
Practical Advice
Couples should verify county clerk requirements, as applications affirm no legal impediments. Consult an attorney for interstate recognition or relocation plans.
Relocating to a permissive state offers a workaround, but residency rules may apply.
Penalties and Enforcement
Violating the ban by falsifying applications risks license denial or annulment. No criminal penalties exist solely for the marriage, focusing instead on license issuance.
Modern Debates
Some advocate reforming cousin marriage laws for personal freedom, citing low genetic risks with counseling. Pennsylvania upholds the traditional ban as of 2026.
SOURCES:
- https://dataminingdna.com/can-first-cousins-marry-in-pennsylvania/
- https://law.justia.com/codes/pennsylvania/title-23/chapter-17/section-1703/
