by Chicago, Illinois – Marrying a cousin may be legal in some parts of the U.S., but in Illinois, the law generally prohibits first cousin marriages. However, there are two specific exceptions under which such marriages are legally allowed. Understanding these rules can help couples navigate Illinois’ marriage laws and avoid potential legal issues.
When Is First Cousin Marriage Allowed in Illinois?
According to Illinois statute 750 ILCS 5/212, a marriage between first cousins is only permitted if one of the following conditions is met:
- Both parties are 50 years of age or older, or
- Either party is permanently and irreversibly sterile, as certified by a licensed physician at the time of applying for a marriage license.
If neither of these conditions applies, the marriage is not legally recognized in Illinois.
Legal Text Example
Illinois law states:
“A marriage between cousins of the first degree; however, a marriage between first cousins is not prohibited if: (i) both parties are 50 years of age or older; or (ii) either party, at the time of application for a marriage license, presents for filing with the county clerk … a certificate signed by a licensed physician stating that the party … is permanently and irreversibly sterile.”
— Illinois Compiled Statutes 750 ILCS 5/212
Why These Restrictions Exist
The restrictions on first cousin marriages in Illinois are rooted in long-standing cultural taboos and historical concerns about genetic risks to children born from cousin marriages. Although modern research indicates the risk of birth defects is lower than previously believed, the law remains unchanged, reflecting historical and social considerations rather than updated scientific findings.
Read Also: Iowa Cousin Marriage Laws 2025: What You Need to Know
Recognition of Out-of-State Cousin Marriages
According to The Hop Town Express, Illinois does not automatically recognize first cousin marriages performed in other states or countries if the couple would not be eligible under Illinois law.
For example, if two first cousins marry legally in a state where such unions are permitted without age or sterility restrictions and then move to Illinois, their marriage may not be recognized as valid within the state.
Second Cousins and Beyond
The law specifically applies to first cousins. Marriages between second cousins or more distant relatives are legal in Illinois and do not face any statutory restrictions.
Same-Sex Cousin Marriages
Illinois law applies equally to same-sex and opposite-sex couples. First cousin marriages are only legal if both parties are over 50 or one is permanently sterile, regardless of sexual orientation.
Key Takeaways
- First cousin marriage is illegal in Illinois unless both parties are 50+ or one is permanently sterile.
- Out-of-state cousin marriages may not be recognized if they don’t meet Illinois requirements.
- Second cousins and more distant relatives can legally marry in Illinois.
- The law applies equally to same-sex and opposite-sex couples.
Final Thoughts
Illinois’ cousin marriage laws combine historical norms, legal tradition, and public health considerations. Couples considering marriage to a first cousin in Illinois should carefully review the statutory requirements and, if necessary, consult legal experts to ensure their union is recognized.
Have questions about cousin marriages or other marriage laws in Illinois? Share your thoughts in the comments below or visit ibwhsmag.com for more detailed guides and updates on legal matters.
