Marrying your first cousin in Utah is generally illegal under state law, with narrow exceptions for couples where both parties are 65 or older, or both are 55 or older and one has been medically certified as unable to reproduce.
These restrictions stem from Utah Code § 81-2-402, which voids incestuous marriages, including those between first cousins, to prevent genetic risks and uphold public policy. Violating this renders the union invalid, potentially complicating inheritance, immigration, or parental rights, though no criminal penalties attach solely to the marriage itself.
Legal Prohibitions
Utah classifies first-cousin marriages as incestuous and void ab initio, alongside unions between parents/children, siblings, aunts/uncles and nieces/nephews, or closer consanguinity up to the fifth degree. The statute prioritizes health concerns, as cousin offspring face 3-4% higher birth defect risks versus the general 2-3%. Courts refuse licenses without meeting exceptions, and out-of-state cousin marriages gain no automatic recognition if prohibited locally.
Exceptions require:
- Both 65+: No fertility proof needed, reflecting post-reproductive age.
- Both 55+, one infertile: District court verification via medical affidavit.
Ceremonies proceed legally otherwise, but lack state validity for benefits.
Historical and Policy Context
Utah’s rules echo 24 states banning first-cousin marriage outright, driven by early 20th-century eugenics influences now reframed around science. Fundamentalist Mormon sects historically practiced it, prompting strict enforcement amid polygamy scrutiny. 2024-2026 codes (effective 9/1/2024) maintain status quo, rejecting broader legalization despite national debates.
Immigration notes: USCIS may scrutinize cousin marriages for fraud but recognizes valid foreign ones unless void under domicile laws.
Procedural Requirements
County clerks deny licenses for ineligible cousins; appeals go to juvenile courts, rarely granting waivers absent exceptions. No blood tests mandate, but affidavits suffice for infertility claims. Common-law recognition follows same prohibitions.
Out-of-state couples relocating face non-recognition for Utah purposes like taxes or probate.
Penalties and Consequences
No jail for marrying—civil voidness applies. Related sex between adult cousins constitutes third-degree felony incest (§ 76-7-102), up to 5 years prison/$5,000 fine, though rarely prosecuted absent abuse. Children from void unions hold legitimacy, but custody disputes invoke relation scrutiny.
| Relationship | Legal Status | Exceptions |
|---|---|---|
| First Cousins | Prohibited | 65+ or 55+/infertile |
| Siblings | Void | None |
| Aunt/Uncle-Niece | Void | None |
| 2nd Cousins+ | Legal | N/A |
Practical Advice
Verify eligibility pre-application; genetic counseling strengthens 55+ claims. Alternatives like cohabitation avoid issues, though short-term rights differ. Legal challenges argue constitutionality, but Utah upholds bans.
SOURCES:
- https://www.ulc.org/wedding-laws/utah
- https://cardozolawreview.com/the-unconstitutionality-of-state-bans-on-marriage-between-first-cousins/
