No, it is illegal to marry your first cousin in Iowa under state law. Iowa Code explicitly prohibits first-cousin marriages, classifying them as void, though more distant relatives like second cousins or first cousins once removed may wed.
Iowa Marriage Law Basics
Iowa Code Chapter 595 governs marriages and voids unions between close blood relatives, including first cousins.
Section 595.19 lists prohibited relationships: for men, this includes a father’s sister, mother’s sister, daughter, sister, son’s daughter, daughter’s daughter, brother’s daughter, or sister’s daughter; the same applies reciprocally for women, explicitly adding first cousins. No exceptions exist based on age, fertility, or other factors, unlike some states.
Historical Context
Iowa’s marriage laws originated in 1840 as a territory, initially barring only immediate family like parents and siblings. The first-cousin ban was added later, reflecting 19th-20th century US trends amid eugenics concerns over genetic risks. Today, Iowa upholds this blanket prohibition without amendments allowing cousin marriages.
Prohibited vs. Allowed Relatives
First cousins—sharing grandparents—cannot marry; their unions are automatically void and unrecognized. Second cousins, first cousins once removed (e.g., your first cousin’s child), and farther relations are permitted. Affinity ties (in-laws) follow similar close-family bans, but adoption or half-relations beyond first cousins typically allow marriage.
Legal Consequences
Attempted first-cousin marriages in Iowa are null from inception, ineligible for licenses, and cannot produce legitimate spousal rights like inheritance or benefits without court intervention.
Out-of-state cousin marriages may not be recognized if performed where legal, due to Iowa’s public policy against them—courts assess case-by-case. Bigamy charges could arise if unaware of invalidity while marrying another.
US State Comparisons
Iowa joins 24 states banning first-cousin marriage outright, including Texas, Kentucky, and Nevada. Twenty states permit it unrestricted, like California and New York; others allow with conditions (e.g., age 65+ in Indiana, infertility proof in Illinois). No federal law governs; states set rules, with genetic counseling often recommended where allowed due to 4-7% higher birth defect risks.
Genetic and Social Factors
First-cousin offspring face doubled recessive disorder risks (e.g., cystic fibrosis) compared to unrelated couples, per CDC data, fueling bans. Culturally, US aversion stems from post-Civil War norms, unlike permissive regions like the Middle East (20-50% cousin marriages). Iowa prioritizes public health and family structure in enforcement.
Enforcement and Modern Views
County recorders deny licenses to first cousins upon affidavit review; no religious or common-law bypass exists. Advocacy for reform is minimal in Iowa, unlike genetic-risk-focused debates elsewhere. Couples seeking alternatives pursue distant-relation clarification or relocate, but Iowa courts rarely validate foreign cousin unions.
Practical Advice
Verify relation degrees via genealogy before applying—use tools like family trees. Iowa requires age 18+ (or judicial consent under 18), no prior marriages, and civil contracts capacity. For valid unions, opt for second cousins+; premarital counseling aids awareness. Consult attorneys for interstate recognition or annulments.
SOURCES:
- https://dataminingdna.com/can-first-cousins-marry-in-iowa/
- https://www.iowabar.org/?pg=MarriageAndDivorce
