In the state of Arizona, the legality of marrying a cousin depends entirely on the degree of the relationship and specific circumstances. While many people assume cousin marriage is universally prohibited, Arizona law takes a nuanced approach, primarily focusing on first-cousin relationships.
Arizona Revised Statutes and Prohibited Marriages
The governing law in the state is Arizona Revised Statute § 25-101. This statute explicitly lists prohibited marriages to prevent unions between close blood relatives.
According to the law, marriage between parents and children (including all degrees of grandparents and grandchildren), siblings (whether whole or half-blood), and aunts/uncles with nieces/nephews is strictly prohibited and void.
First cousins are also included in this list of prohibited relationships. Generally speaking, if you are a first cousin to your partner, your marriage is considered void under Arizona law. However, this statute does not extend to more distant relatives. Second cousins, who share great-grandparents, or any relatives further removed, are legally permitted to marry in Arizona without seeking special approval.
Exceptions to the Rule
Arizona provides two specific legal pathways for first cousins to enter into a valid marriage, acknowledging that certain conditions may mitigate the concerns traditionally associated with such unions.
- Age Requirement:Â If both parties are 65 years of age or older, they are legally permitted to marry. In this case, no court intervention is required, and the age factor serves as the primary exemption from the prohibition.
- Infertility Exception:Â If one or both of the first cousins are under the age of 65, they may still be able to marry, but they must undergo a judicial process. The couple must obtain approval from a superior court judge within the state. To secure this approval, they are required to present medical evidence or proof verifying that one of the individuals is unable to reproduce.
Practical and Legal Considerations
For those considering marriage within these parameters, it is essential to follow the correct legal procedures. Marriage license applications in Arizona generally require applicants to affirm that there are no legal impediments to their union.
Attempting to bypass these laws can result in a marriage being declared void, which may have significant consequences regarding inheritance, property rights, and other legal protections afforded to spouses.
Because family law is complex and subject to interpretation, individuals considering such a marriage should consult with a qualified family law attorney. An attorney can help verify current requirements, assist in gathering the necessary documentation for the court-approval process, and ensure that the marriage is entered into with full legal compliance and protection.
| Relationship Type | Status in Arizona | Requirements |
|---|---|---|
| First cousins (under 65) | Prohibited | Court approval + proof of infertility |
| First cousins (both 65+) | Permitted | None |
| Second cousins | Permitted | None |
| Half-cousins | Permitted | None |
SOURCES:
- https://thewrangler.com/is-it-illegal-to-marry-your-cousin-in-arizona-heres-what-the-law-says/2025/06/04/
- https://agadari.com/is-it-illegal-to-marry-your-cousin-in-arizona-heres-what-the-law-says/
