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

By Joseph

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

In Wisconsin, the legality of marrying a cousin is defined by specific state laws. Here’s what you need to know:

Marrying First Cousins in Wisconsin

Legal Provisions: According to Wisconsin Statute 765.03, individuals who are first cousins may marry under certain conditions. Specifically, the law states that:

  • Age Requirement: A marriage between first cousins is permissible if the female is at least 55 years old.
  • Sterility Requirement: Alternatively, either party can marry if they provide a signed affidavit from a physician stating that one of them is permanently sterile.

These regulations are primarily aimed at mitigating the potential genetic risks associated with offspring from closely related individuals. The underlying concern is the increased likelihood of recessive genetic disorders when first cousins have children together.

Restrictions on Closer Kin

Wisconsin law is more restrictive regarding marriages between individuals who are closer than first cousins. Marriages between second cousins or closer (including half-siblings and adoptive siblings) are strictly prohibited. This includes relationships defined by both whole blood and half blood, meaning that even if one is related through adoption, the same rules apply.

Implications for LGBTQ+ Couples

The language of the law specifically mentions “husband” and “wife,” which raises questions about its application to same-sex couples. While the statute does not explicitly address LGBTQ+ relationships, it implies that if two first cousins who are same-sex partners meet the age or sterility requirements, they could potentially marry.

However, this area remains somewhat ambiguous and may require legal clarification or interpretation in specific cases

Summary

To summarize, in Wisconsin:

  • First Cousins: Can marry if the female is 55 or older or if one party is permanently sterile.
  • Closer Kin: Marriages between individuals closer than second cousins are illegal.
  • LGBTQ+ Considerations: The application of these rules to same-sex couples is not clearly defined but could be interpreted similarly if they meet the outlined conditions.

Understanding these laws can help individuals navigate their options regarding marriage in Wisconsin while adhering to state regulations.

SOURCES:-

  1.  https://b105country.com/can-you-marry-your-first-cousin-in-wisconsin/
  2.  https://www.burnettcountywi.gov/DocumentCenter/View/126/Information-about-marrying-in-Wisconsin
  3.  https://myattorneyusa.com/immigration-blog/immigration-to-the-usa/marriage-invalid-if-it-goes-against-public-policy-of-state-of-residence-matter-of-zappia/

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