First cousin marriage is not permitted in Pennsylvania. Under Pennsylvania law, marriage between first cousins is prohibited and such marriages are considered void if performed within the state.
Key Legal Points
- Prohibition: Pennsylvania law explicitly states that it is unlawful for first cousins to marry.
- Void Marriages: Any marriage between first cousins performed in Pennsylvania is declared void by statute.
- No Criminal Penalty: While the marriage is void, there is no criminal penalty for attempting such a marriage, but it is not legally recognized.
- Out-of-State Marriages: Pennsylvania generally follows the rule that a marriage valid where celebrated is valid in Pennsylvania, except for marriages considered “incestuous” or against public policy. However, first cousin marriages are not classified as incestuous under Pennsylvania law, but the state does not recognize first cousin marriages performed elsewhere if the parties are domiciled in Pennsylvania.
Summary Table
| Marriage Type | Legal in Pennsylvania? | Recognized if performed elsewhere? |
|---|---|---|
| First cousin marriage | No | Generally no, if both parties are PA residents |
It is illegal to marry your first cousin in Pennsylvania, and such a marriage will not be recognized if performed within the state. If Pennsylvania residents marry as first cousins in another state where it is legal, Pennsylvania law may still refuse to recognize the marriage.
SOURCE
[1] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[2] https://ideas.dickinsonlaw.psu.edu/cgi/viewcontent.cgi?article=1876&context=dlra
[3] https://www.uscis.gov/sites/default/files/err/D6%20 %20Fiancees%20and%20Fiances%20of%20U.S.%20Citizen%20(K-1)/Decisions_Issued_in_2021/JUN092021_01D6101.pdf
[4] https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23&div=0&chapter=13§ion=4&subsctn=0
[5] https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=13
