Yes, it is generally illegal to marry your first cousin in Utah, as first-cousin marriages are considered incestuous and void under Utah Code § 81-2-402 (formerly § 30-1-1), unless specific age or infertility exceptions apply. This restriction aims to prevent genetic risks associated with close-kin unions, though second cousins and beyond face no prohibitions.
The Legal Prohibition
Utah law explicitly lists prohibited relationships, including marriages between first cousins, alongside parent-child, siblings, uncles/nieces, and aunts/nephews. Such marriages are void from the beginning—meaning they hold no legal validity, regardless of ceremony or intent. The statute computes consanguinity up to the fifth degree, capturing first cousins squarely within the ban.
Out-of-state first-cousin marriages by Utah residents are also void if performed where legal. Sexual relations or cohabitation between first cousins can lead to third-degree felony charges (up to 5 years prison/$5,000 fine).
Key Exceptions for First Cousins
Utah carves out narrow allowances under § 81-2-402(2):
| Exception | Requirements | Process |
|---|---|---|
| Age 65+ | Both parties 65 years or older | No court needed; standard license application |
| Age 55+ with Infertility | Both 55+; district court finds one party unable to reproduce | File petition in resident district; medical proof required |
These exceptions reflect concerns over reproduction risks, updated in 2022 (HB 122). Half-cousins, adopted cousins, and first-cousins-once-removed follow the same rules.
Marriage License Process
To wed in Utah:
- Apply at county clerk (no residency required; age 18+ or 16+ with consent).
- Disclose relationship: Clerk verifies no prohibited ties.
- Exceptions: Submit court order for 55+ infertility finding.
- Officiant: Any ordained minister, judge, etc.; no waiting period.
Violations result in license denial; post-marriage, unions annul automatically.
Historical and National Context
Utah joins 24 states restricting first-cousin marriage, amid debates on genetics (2-3% higher birth defect risk) vs. personal freedom. Advocacy groups challenge bans as unconstitutional, citing cases like Peang-Lee where out-of-state marriages weren’t recognized. Globally, cousin marriage is common (10% worldwide), but U.S. laws vary—legal outright in 20 states.
Utah’s rules stem from 19th-century Mormon influences but persist for public health.
Penalties and Enforcement
- Attempted marriage: Void; no direct criminal penalty, but fraud charges possible.
- Cohabitation/relations: Felony incest (§ 76-7-102), 5 years/$5,000.
- Child custody: Prohibited unions impact parental rights.
Courts rarely prosecute consensual adult cousins absent reproduction, focusing on licensing.
Practical Advice
- Verify degree: First cousins share grandparents; use family trees.
- Seek counsel: Attorneys handle petitions; genetic counseling recommended.
- Alternatives: Common-law recognition unlikely; relocate to permissive states like California.
- Updates: Laws stable post-2022; monitor legislature.utah.gov.
SOURCES:
- https://www.utcourts.gov/en/self-help/case-categories/family/marriage.html
- https://le.utah.gov/xcode/Title81/Chapter2/C81-2-P4_2024090120240501.pdf
