No, marrying your first cousin is illegal in Kentucky under state law, which prohibits unions closer than second cousins by blood relation. Such marriages are deemed incestuous and void, with no recognition of out-of-state ceremonies.
Statutory Prohibition
Kentucky Revised Statutes § 402.010(1) explicitly bars marriage between persons nearer of kin than second cousins, including first cousins, half-first cousins, and first cousins once removed, regardless of whole or half-blood ties.
Subsection (2) labels these void ab initio, preventing legal validity even if performed elsewhere. Enacted in 1946, this remains unchanged as of 2026, distinguishing Kentucky among stricter states.
Affected Relationships
Second cousins and more distant kin may marry freely, as do non-blood relatives like step-cousins. Closer ties—siblings, parents/children, aunts/uncles/nieces/nephews—face absolute bans under the same kinship degrees. No age, fertility, or hardship exceptions exist, unlike some states.
Enforcement Process
County clerks reject applications upon kinship disclosure or evidence, with no affidavit workaround. Post-ceremony challenges void the union for inheritance, divorce, or custody, potentially complicating immigration or benefits. Criminal prosecution for bigamy or incest rarely follows solemnization but risks civil invalidation.
Penalties and Implications
Practical Considerations
Couples explore neighboring states like Tennessee (first cousins allowed over 50 or with proof of infertility), but Kentucky non-recognition persists upon residency return. Genetic counseling highlights elevated risks for offspring in close-kin unions, informing personal decisions amid legal barriers. Recent legislative pushes, like 2024 proposals, failed to liberalize rules.
SOURCES:
- https://www.garycjohnson.com/qa-is-it-legal-to-marry-your-first-cousin-in-kentucky/
- https://dataminingdna.com/can-first-cousins-marry-in-kentucky/
