In Pennsylvania, it is illegal for first cousins to marry each other, but more distant relatives such as second cousins and first cousins once removed are generally allowed to wed. This rule comes from Title 23 of the Pennsylvania Consolidated Statutes, which explicitly bars marriages between first cousins as part of the state’s list of prohibited degrees of consanguinity.
Understanding how broadly this ban applies—and where Pennsylvania recognizes out‑of‑state cousin marriages—can help clarify your options.
Pennsylvania’s ban on first‑cousin marriage
Pennsylvania’s domestic‑relations code lists several blood relationships that cannot legally marry, including direct lineages like siblings, parents‑and‑children, and uncles‑and‑nieces. Among these, the statute clearly states that “a man may not marry his first cousin” and, by parallel logic, “a woman may not marry her first cousin.” First cousins are considered “first cousins of the whole blood” (sharing two common grandparents), and that specific relationship is what the law targets.
Historically, Pennsylvania codified this ban in an 1860 statute and later reinforced it in a 1901 Act that made first‑cousin marriages “unlawful” and “void” if performed in the state. Modern interpretations treat such marriages as “voidable” rather than automatically void, meaning they can be challenged in court but are not automatically erased. In practical terms, Pennsylvania will not issue a valid marriage license to first cousins residing in the state.
What about second cousins and more distant relatives?
While first‑cousin marriage is banned, Pennsylvania does not prohibit marriages between more distant relatives. Second cousins—people who share great‑grandparents but not grandparents—are generally allowed to marry in Pennsylvania, as are first cousins once removed and other more distant kin. The law is focused on the “first cousin” level; once the blood relationship is more remote, the marriage is treated like any other legal union.
Ambiguities can arise around “half first cousins” (people who share only one grandparent). Pennsylvania’s statutes word the prohibition simply as “first cousins” without specifying “whole” or “half,” so some legal experts advise consulting a Pennsylvania family‑law attorney if this situation applies. In other states that explicitly mention “half as well as whole blood,” the ban is clearer, but in Pennsylvania the wording is narrower, which leaves room for interpretation.
Out‑of‑state cousin marriages and Pennsylvania recognition
Even though Pennsylvania bans first‑cousin marriage within the state, it has a long‑standing practice of recognizing certain cousin marriages that are lawfully performed elsewhere. If two Pennsylvania‑domiciled first cousins marry in a state that allows such unions, courts have often treated that marriage as valid under conflict‑of‑laws principles, unless it clearly violates Pennsylvania public policy.
However, that recognition is not automatic and can depend on the facts. Pennsylvania courts have historically held that first‑cousin marriage is not considered incestuous under state law, even if it is deemed socially undesirable. This distinction means that while Pennsylvania itself will not marry first cousins, it may still recognize a valid out‑of‑state cousin marriage for purposes like inheritance, divorce, or other family‑law matters.
Health, social, and practical considerations
Beyond legality, many couples considering cousin marriage also weigh genetic and social factors. First‑cousin marriages carry a slightly higher risk of certain recessive genetic disorders, though modern counseling and testing can help couples understand and manage that risk. Socially, some families may have strong opinions or cultural taboos about marrying a close relative, so open communication—and, where needed, genetic‑counseling guidance—are important.
Sources
- (https://dataminingdna.com/can-first-cousins-marry-in-pennsylvania/)
- (https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chpt=13&sctn=4&subsctn=0)
- (https://insight.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1876&context=dlra)
