In Pennsylvania, it is illegal for first cousins to marry. This prohibition stems from the Pennsylvania Act of 1901, which explicitly states that it is unlawful for individuals who are first cousins to be joined in marriage. Any marriage contracted in violation of this law is considered void, meaning it has no legal standing.
Key Points Regarding Cousin Marriage in Pennsylvania
- Legal Status: The 1901 Act prohibits marriages between first cousins, and such marriages are declared void if attempted within the state. This means that not only is the marriage invalid, but it also does not require a formal annulment to be considered non-existent in the eyes of the law.
- Marriage Outside Pennsylvania: If first cousins wish to marry, they can do so in another state where such marriages are legal. Pennsylvania will recognize these marriages if they are performed legally elsewhere, provided they do not violate public policy.
- Public Policy Considerations: The law distinguishes between incestuous relationships and cousin marriages, with the latter not being classified as incestuous under Pennsylvania law. This distinction is significant because it affects how the law treats marriages contracted outside the state.
- No Criminal Penalties: While marrying a first cousin is illegal in Pennsylvania, there are no criminal penalties associated with attempting to do so. The primary consequence is the legal voiding of the marriage.
Conclusion
In summary, first cousins cannot legally marry in Pennsylvania due to the restrictions imposed by the Act of 1901. However, they have the option to marry in states where such unions are permitted, and those marriages may be recognized upon return to Pennsylvania as long as they adhere to public policy standards.
SOURCES:-
- https://ideas.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1876&context=dlra
- https://www.uscis.gov/sites/default/files/err/D6%20-%20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2021/JUN092021_01D6101.pdf
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
