No, it is illegal to marry your first cousin in North Dakota. The state’s laws explicitly prohibit such unions as incestuous and void under NDCC § 14-03-03.
Legal Prohibitions
North Dakota Century Code § 14-03-03 lists marriages between first cousins (half or whole blood) as prohibited, alongside siblings, aunts/uncles, and grandparents/grandchildren. These apply to legitimate or illegitimate relatives, rendering any such marriage automatically void. No waivers or exceptions exist for first cousins, unlike some states.
Permitted Relationships
Second cousins, first cousins once removed, and more distant kin can legally marry. Adopted cousins are generally allowed, as adoption doesn’t trigger the blood relation ban per AG opinions. Marriage licenses require disclosing relations; officials may probe beyond first cousins.
License and Ceremony Rules
Applicants aged 18+ get licenses without parental consent; 16-17 need it plus court approval. Residency isn’t required, but counties like Cass ask about kinship without mandating details for distant relations. Out-of-state first cousin marriages aren’t recognized in ND.
Penalties and Enforcement
Incestuous marriages are null; participants face no direct criminal penalty beyond void status, but related sexual relations could invoke bigamy or other charges (NDCC § 12-22-06). County judges deny licenses for prohibited pairs. Religious bodies like Catholic Church may restrict second cousins further.
Historical Context
ND’s bans stem from 19th-century codes, unchanged into 2026 despite national debates. Unlike permissive states (e.g., CA), ND aligns with 25+ states barring first cousins, citing genetic risks (4-7% higher birth defects).
Genetic and Health Considerations
First cousin offspring face doubled recessive disorder risks, per CDC data, justifying bans. ND public health emphasizes premarital counseling for allowed couples. No 2026 reforms noted.
Practical Advice
Verify genealogy before applying; use charts for “removed” calculations. For close kin, consider states like NJ. Immigrants: ND honors foreign valid marriages unless incestuous here. Consult attorneys for interstate moves. Tribal laws on reservations may differ.
U.S. Variations
19 states allow first cousin marriage unrestricted; others require age gaps or fertility tests. Neighbors: MN bans, SD allows over 50. Federal law doesn’t regulate, leaving it to states post-Obergefell equality.
Social and Cultural Notes
Cousin marriages persist globally (10% worldwide), but U.S. stigma and laws limit them. ND’s rural communities rarely challenge norms, focusing enforcement on applications.
Broader Implications
Bans protect minors and public health; evasion via common-law claims fails in court. For youth programs or education, highlight consent alongside kinship rules.
SOURCES:
- https://attorneygeneral.nd.gov/wp-content/uploads/2023/03/70-207Dec-17.pdf
- https://ndlegis.gov/cencode/t14c03.pdf
