Is It Illegal to Marry Your Cousin in Colorado ? Here’s What the Law Says

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Is It Illegal to Marry Your Cousin in Colorado ? Here's What the Law Says

Is It Illegal to Marry Your Cousin in Colorado?

In Colorado, marrying your first cousin is entirely legal and does not carry any restrictions. This is in contrast to many other states in the U.S. where such marriages are either prohibited or subject to specific conditions.

Colorado Law on Cousin Marriage

Colorado law explicitly allows first cousins to marry without any stipulations regarding age, fertility, or genetic counseling. This makes Colorado one of the states where individuals can freely choose to marry their first cousins if they so desire.

Prohibited Marriages in Colorado

While Colorado permits first cousin marriages, there are other familial relationships that are prohibited from marrying:

  • Ancestor and Descendant: This includes parent-child, grandparent-grandchild relationships, and so on.

  • Siblings: Marriage between brothers and sisters, whether by whole or half blood, is not allowed.

  • Aunt/Uncle and Niece/Nephew: These marriages are prohibited unless they are part of established customs of aboriginal cultures.

Legal Requirements for Marriage in Colorado

To get married in Colorado, the couple must meet certain requirements:

  • Age: Both parties must be at least 18 years old, or between 16 and 18 with parental consent.

  • Residency: There is no requirement for residency in Colorado.

  • Previous Marriages: Neither party can be currently married or in a civil union.

Comparison with Other States

Colorado is one of 19 states (including the District of Columbia) where first cousin marriages are fully legal. Other states either prohibit such marriages entirely or allow them under specific conditions, such as age or fertility requirements.

Legal Implications of Prohibited Marriages

If a marriage is prohibited under Colorado law, it is considered void and can be subject to annulment. However, marriages that are not prohibited but entered into under false pretenses or as a jest may also be annulled, though they are not automatically void.

Marrying your first cousin in Colorado is legal and unrestricted. This reflects Colorado’s more permissive stance compared to many other states in the U.S. where cousin marriages are either banned or heavily regulated.

States Allowing First Cousin Marriage

Here is a list of states where first cousin marriages are allowed:

State/Territory First Cousin Marriage Allowed
Alabama Yes
Alaska Yes
California Yes
Colorado Yes
Connecticut Yes
District of Columbia Yes
Florida Yes
Georgia Yes
Hawaii Yes
Maryland Yes
Massachusetts Yes
New Jersey Yes
New Mexico Yes
New York Yes
North Carolina Yes
Pennsylvania Yes
Rhode Island Yes
South Carolina Yes
Tennessee Yes
Vermont Yes
Virginia Yes

States with Stipulations

Some states allow first cousin marriages under specific conditions:

  • Arizona: Both parties must be over 65, or one must be infertile.

  • Illinois: Both parties must be over 50, or one must be infertile.

  • Indiana: Both parties must be over 65.

  • Maine: Proof of genetic counseling is required.

  • Minnesota: Only allowed under certain conditions.

  • Utah: Both parties must be over 65, or both over 55 with one being infertile.

  • Wisconsin: Allowed if the woman is over 55 or sterile.

Sources:

  1. https://www.graham.law/blog/marry-your-cousin-colorado-family-marriage/
  2. https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/
  3. https://kool1079.com/colorado-marry-first-cousin/
  4. https://www.themonastery.org/marriage-laws/colorado
  5. https://law.justia.com/codes/colorado/title-14/marriage-and-rights-of-married-persons/article-2/part-1/section-14-2-110/

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