Yes, it is illegal to marry your first cousin in Kansas. The law explicitly prohibits and voids marriages between first cousins.
Details from Kansas Law
- Kansas Statute: Kansas law states:
“All marriages between parents and children, including grandparents and grandchildren of any degree, between brothers and sisters of the one half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins, are declared to be incestuous and absolutelyvoid.
This is codified in K.S.A. 23-2503 (formerly 23-102).
- Scope: The prohibition applies specifically to first cousins. Marriages between first cousins are not legally recognized if performed in Kansas.
- Other Cousin Relationships: Marriages between first cousins once removed and half-cousins are allowed in Kansas.
Recognition of Out-of-State Marriages
Out-of-State Exception:
While Kansas does not allow first cousins to marry within the state, it generally recognizes marriages validly performed in other states.
For example, if two first cousins marry in a state where such a marriage is legal (like Missouri), Kansas will recognize that marriage as valid, provided it was not entered into to evade Kansas law and is not considered “odious to public policy”.
Key Takeaways
- First cousin marriage is illegal and void if performed in Kansas.
- Kansas will recognize a first cousin marriage performed in a state where it is legal.
- Marriages between first cousins once removed and half-cousins are allowed in Kansas.
You cannot legally marry your first cousin in Kansas, but if you marry your first cousin in a state where it is legal, Kansas will generally recognize that marriage as valid.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.avvo.com/legal-answers/is-out-of-state-cousin-marriage-legal-valid-in-the-4300263.html
- https://www.ksrevisor.gov/statutes/chapters/ch23/023_025_0003.html
- https://www.legalmatch.com/law-library/article/cousin-marriage-laws.html
