First cousin marriage is illegal in Oklahoma. State law explicitly prohibits marriage between first cousins, classifying such unions as incestuous, illegal, and void. This prohibition is outlined in Oklahoma Statutes Title 43, Section 2, which states:
“Marriages between…first cousins are declared to be incestuous, illegal and void, and are expressly prohibited.”
Criminal Penalties
- Criminal Offense: Marrying a first cousin in Oklahoma is not just void but also a criminal act. Those involved can be prosecuted for incest, a felony offense in the state, which may carry severe penalties including imprisonment and mandatory sex offender registration if sentenced to more than two years in prison.
Exceptions and Recognition of Out-of-State Marriages
- Out-of-State Marriages: If first cousins are legally married in a state where such marriages are permitted, Oklahoma will recognize the marriage as valid and binding, provided it was legal in the state where it was performed. For example, if you marry your first cousin in California (where it is legal), Oklahoma law will honor that marriage.
- Second Cousins: Marriage between second cousins is legal in Oklahoma and not subject to these restrictions.
Summary Table
| Relationship | Marriage Legal in Oklahoma? | Criminal Offense? | Out-of-State Marriage Recognized? |
|---|---|---|---|
| First Cousin | No | Yes | Yes, if legal where performed |
| Second Cousin | Yes | No | Yes |
Key Points
- First cousin marriage is illegal and considered incest in Oklahoma.
- Such marriages are void and can result in criminal charges.
- If legally married as first cousins in another state, Oklahoma will recognize the marriage.
- Second cousin marriages are legal.
You cannot legally marry your first cousin in Oklahoma, and attempting to do so is a criminal act. However, if you marry your first cousin in a state where it is legal, Oklahoma will recognize that marriage as valid.
