Yes, it is generally illegal to marry your first cousin in Wisconsin. Under Wisconsin Statute § 765.03, the state prohibits marriages between persons who are “nearer of kin than 2nd cousins”. This means first cousins—people who share a common grandparent—cannot legally marry in Wisconsin under normal circumstances.
Two Specific Exceptions Allow First-Cousin Marriage
Wisconsin law provides two narrow exceptions where first cousins can legally marry:
| Exception | Requirement | Reason |
|---|---|---|
| Age Exception | The female partner must be 55 years old or older | Assumes the couple cannot have children |
| Sterility Exception | Either party submits a physician’s affidavit confirming permanent sterility | Prevents genetic risks to offspring |
Both exceptions exist because the law aims to prevent first cousins from having biological children together.
Why Does Wisconsin Restrict Cousin Marriage?
The law reflects concerns about genetic risks to offspring. Children born to closely related parents have a higher probability of inheriting recessive genetic disorders since both parents likely carry the same recessive genes. Medical research confirms slightly elevated risks, though the exact severity remains debated among scientists.
Second Cousins and Beyond Are Allowed
The restriction applies only to relationships nearer than second cousins. Second cousins (who share a great-grandparent) and more distant relatives can marry without any exceptions or restrictions.
Practical Requirements for Getting a License
If you meet one of the exceptions, you must provide documentation when applying for a marriage license:
- Age exception: Proof the female is 55+ (driver’s license or birth certificate)
- Sterility exception: Physician-signed affidavit confirming permanent sterility
- Both applicants must apply together with valid ID and pay the $100 fee
SOURCES:
- https://mocobizscene.com/us-news/is-it-illegal-to-marry-your-cousin-in-wisconsin-heres-what-the-law-says
- https://b105country.com/can-you-marry-your-first-cousin-in-wisconsin/
