In Wisconsin, marriage between first cousins is generally not allowed. The state’s marriage law (Wisconsin Statute 765.03) explicitly prohibits marriages between persons who are nearer of kin than second cousins, which includes first cousins.
Exceptions: When Is First Cousin Marriage Allowed?
There are two specific exceptions under which first cousins can legally marry in Wisconsin:
- If the female is at least 55 years old, or
- If either party provides a signed affidavit from a physician stating that either party is permanently sterile.
This means the law is designed to prevent first cousins from marrying unless there is no possibility of them having biological children, likely due to concerns about genetic risks.
What About Marrying First Cousins Once Removed?
- First cousins once removed (for example, your cousin’s child) are considered second cousins for the purpose of the law and do not require proof of sterility to marry in Wisconsin.
Out-of-State Marriages
Wisconsin law also voids first cousin marriages performed out of state by residents who return to Wisconsin, if they do not meet the state’s exceptions. Such marriages are not recognized and may even be considered criminal under state law.
Summary Table: First Cousin Marriage in Wisconsin
| Relationship | Legal to Marry? | Special Conditions |
|---|---|---|
| First cousin | Only if female is 55+ or either party is sterile | Proof of age or sterility required |
| First cousin once removed | Yes | No special conditions |
| Closer than first cousin | No | Not permitted under any circumstances |
Key Takeaways
- It is illegal for first cousins to marry in Wisconsin unless the female is at least 55 years old or either party is proven permanently sterile.
- Marriages between first cousins performed elsewhere are not recognized in Wisconsin unless they meet these exceptions.
- Marrying a first cousin once removed (second cousin) is legal with no special restrictions.
In summary: First cousin marriage is only legal in Wisconsin under strict conditions related to age or sterility. Otherwise, it is prohibited by law.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://onmilwaukee.com/articles/marriagecousins
- https://myattorneyusa.com/immigration-blog/immigration-to-the-usa/marriage-invalid-if-it-goes-against-public-policy-of-state-of-residence-matter-of-zappia/
- https://en.wikipedia.org/wiki/Cousin_marriage