Yes, it is illegal to marry your first cousin in West Virginia.
Legal Details
- Statutory Prohibition: West Virginia law explicitly prohibits marriages between first cousins. According to West Virginia Code §48-2-302, both men and women are barred from marrying their first cousins or double cousins. The law also prohibits marriage between other close relatives, such as siblings, aunts, uncles, nieces, and nephews.
- Who Is Covered: The prohibition applies to relationships by blood (consanguinity) and, in some cases, by marriage (affinity). This means that even if the familial connection is through a previous marriage, the restriction may still apply unless the marriage was annulled or voided for a specific reason.
- Adoption Exception: The law does not consider cousin relationships created solely by adoption as grounds for prohibition. If two people are cousins only because of an adoption (not blood relation), they are not barred from marrying under this statute.
Comparison to Other States
- West Virginia is among the majority of U.S. states that prohibit first cousin marriage.
- Some states allow first cousin marriage with conditions (such as age or infertility), but West Virginia does not provide such exceptions.
Key Takeaways
- First cousin marriage is illegal in West Virginia.
- Double cousin marriage is also prohibited.
- Adopted cousins (not blood-related) are exempt from this prohibition.
- Violating this law would render the marriage void and subject to legal penalties.
If you are first cousins by blood, you cannot legally marry in West Virginia. If your cousin relationship is solely through adoption, the prohibition does not apply.
Sources:
- https://code.wvlegislature.gov/48-2-302/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://codes.findlaw.com/wv/chapter-48-domestic-relations/wv-code-sect-48-2-302/
- https://www.legalmatch.com/law-library/article/cousin-marriage-laws.html