No, it is illegal to marry your first cousin in Kansas. State law explicitly declares such marriages incestuous and void under K.S.A. 23-2503.
The Controlling Statute
Kansas Statutes Annotated §23-2503 prohibits marriages between first cousins, alongside other close relatives like parents/children, siblings (full or half), uncles/nieces, and aunts/nephews. These unions hold no legal validity and cannot be formalized within the state.
The law dates to 1867, reflecting longstanding policy against consanguineous marriages due to genetic and social concerns.
Out-of-State Marriages
Kansas recognizes first-cousin marriages performed legally elsewhere, provided they align with public policy. A Kansas Supreme Court ruling (In re Estate of Loughmiller, 1981) upheld validity if not “odious” or evasive of local law.
Cohabitation or relations between cousins remain unregulated—no criminal penalties apply short of abuse.
Prohibited Relationships
| Relation | Legality in Kansas |
|---|---|
| First cousins | Illegal, void |
| Second cousins+ | Legal |
| Siblings (half/full) | Illegal, void |
| Uncle/niece | Illegal, void |
Penalties and Enforcement
No criminal charges arise from attempting marriage—clerks simply refuse licenses. Existing “marriages” dissolve automatically upon challenge, affecting inheritance or divorce.
Minors (under 18) face extra hurdles, but cousin status overrides age consents.
Practical Implications
Couples often wed in cousin-permissive states like Colorado, gaining Kansas recognition post-ceremony. Genetic counseling is advised regardless.
The law persists amid national variation—over half of states allow first-cousin marriage. Consult county clerks or attorneys for licenses.
SOURCES :
- https://www.hamiltoncountycoc.com/
- https://mylolowcountry.com/usa-laws/is-it-illegal-to-marry-your-cousin-in-kansas-heres-what-the-law-says/
