Marrying your first cousin is not outright illegal in Maine, but it requires genetic counseling certification to proceed legally. Maine law prohibits marriages between close relatives like parents, siblings, aunts, uncles, nieces, and nephews, yet carves out a narrow exception for first cousins under specific conditions.
Maine’s Prohibited Marriages
Under Title 19-A, §701 of Maine Revised Statutes, marriages are void if between individuals related by blood closer than second cousins, including mother-son, father-daughter, brother-sister, aunt-nephew, or uncle-niece pairings. First cousins fall into a gray area: generally barred, but permissible with safeguards to address genetic risks.
The law explicitly states a person may not marry their parent, grandparent, child, grandchild, sibling, nephew, niece, aunt, or uncle. Out-of-state cousin marriages are not recognized if they violate Maine rules and the couple resides there afterward, potentially leading to fines or arrest.
The First Cousin Exception
First cousins can marry if they submit a physician’s certificate confirming genetic counseling, per §§651 and 652. This must accompany the VS-2A marriage intention form filed at a town clerk’s office or Maine Vital Records.
Even with certification, Maine reserves the right to deny the license. Counseling covers hereditary risks, as first-cousin offspring face roughly double the chance of birth defects (3-4% vs. 2-3% general population). Second cousins and beyond face no restrictions.
Filing Process and Requirements
Couples file intentions in the municipality of residence (or one partner’s if different), providing notarized VS-2A forms, IDs, and prior divorce/death proofs if applicable. First cousins add the counseling certificate at filing; no proxy marriages allowed.
Age minimum: 18 without consent, 16-17 with parental/guardian approval. Residency isn’t required for out-of-staters marrying in Maine, but locals must comply fully. Ceremonies need an officiant and two witnesses.
Out-of-State Marriages and Recognition
Marriages evading Maine law—performed elsewhere then returning to reside—are void. A first-cousin wedding in a permissive state (e.g., California) won’t hold if the couple lives in Maine, exposing them to legal challenges like bigamy claims or inheritance disputes.
Eight states criminalize first-cousin marriage outright; Maine’s counseling mandate aligns with six others (Arizona, Illinois, etc.) allowing limited exceptions. New Hampshire bans it completely in New England.
Penalties for Violations
Void marriages carry no direct criminal penalty unless fraud (e.g., lying on forms) voids the union under §701(6), risking annulment. Evasion attempts could trigger misdemeanor charges, fines, or arrests if discovered post-residency.
Children from such unions remain legitimate; property rights hinge on validity. Courts assess intent: genuine counseling compliance strengthens defenses.
Genetic and Social Context
Maine’s rule stems from 1985 updates balancing individual rights with health concerns, predating broader cousin-marriage debates. Globally, 10% of marriages are consanguineous; U.S. variances reflect cultural norms, with 18 states fully allowing first cousins.
Counseling demystifies risks: recessive disorders like cystic fibrosis rise slightly, but modern screening mitigates. Social stigma persists, though legality empowers informed choices.
Practical Advice
Consult a family lawyer pre-filing; geneticists provide counseling (cost ~$200-500). Mark VS-2A line 36 honestly. For non-cousins, process is routine—focus on joys of Maine weddings amid lighthouses and forests.
Second cousins? Proceed freely. Doubting relation? Genealogy tools clarify degrees.
Maine prioritizes caution over bans, ensuring cousin couples weigh risks responsibly while upholding broader prohibitions.
Sources:
- (https://wcyy.com/is-it-illegal-to-marry-your-first-cousin-in-maine/)
- (https://legislature.maine.gov/statutes/19-a/title19-Asec701.html)
- (https://wcyy.com/is-it-illegal-to-marry-your-first-cousin-in-maine/)
