Criminal Defense Lawyers

Can You Marry Your Relative in New York?

Can You Marry Your Relative in New York?

New York’s marriage laws allow first cousins to legally marry, but prohibit marriage between closer relatives like siblings, parents and children. The rules can get confusing though, especially since laws vary between states. This article will break down exactly who you can and can’t marry in New York, and what happens if you try to marry a relative in another state.

Overview of NY Marriage Laws

New York marriage law sets out certain relatives that you absolutely cannot marry, including ancestors and descendants (like parents and children), siblings, and aunts/uncles and nieces/nephews. However, first cousins are allowed to marry. The state also recognizes marriages between half-first cousins, first cousins once removed, second cousins, and more distant relatives 1.

So in New York, you can marry your first cousin for sure. But if you tried to marry your parent, sibling, aunt/uncle, niece/nephew etc., that would be void and invalid.

Marrying Your First Cousin

Many people are surprised to learn that marrying your first cousin is legal in New York. While it may seem strange to some folks, first cousin marriage is allowed in about half of U.S. states. Scientists have found the risk of birth defects is only slightly higher for babies born to first cousins compared to non-relatives 2.

What If You Didn’t Know You Were Related?

Here’s an interesting question – what if you fall in love with someone, get engaged, and then find out you’re actually first cousins? This isn’t unheard of, especially if your parents had a major falling out and you grew up not knowing part of your extended family.If this happens, you can still legally get married in New York. The law allows first cousin marriage, even if you didn’t know you were related when you got together 1. 

Of course, you may want to think carefully about whether you still want to get married after finding out. But the choice is up to you.

Marrying Other Relatives

While first cousins can wed in New York, many other family members are prohibited from marrying by law. Here are some examples:

• Siblings – You cannot marry your full sibling, half sibling, or adopted sibling in New York.
• Parent/Child – Marrying your parent, child, or grandparent is illegal.
• Aunts/Uncles and Nieces/Nephews – It is against the law to marry your aunt/uncle or niece/nephew in New York.
• Step-Relatives – Marriage between step-siblings or a step-parent and step-child is prohibited.

Trying to marry any of these close family members would result in an invalid marriage in New York. You would not be considered legally wed 3.

What If You Marry a Relative in Another State?

This is where things get really confusing. If you go to another state and marry a close relative you can’t wed in New York, what happens?Well, it depends on the laws of that other state. About half of U.S. states allow first cousin marriage. But some states prohibit marriage even between first cousins 4.

If you go to one of those states and marry your first cousin, New York may not recognize the marriage as valid when you return. The same goes for marrying a sibling, parent, or other close relative in another state. Even if that state allows it, New York likely will not.You cannot evade New York’s marriage laws just by leaving the state to marry. Your home state can still deem the marriage invalid and void 5.

What Happens if You Break the Law?

Trying to marry a close relative illegally in New York is a misdemeanor crime. You could face up to 6 months in jail and a $500 fine if caught 3. 

That’s the punishment for attempting to enter into an incestuous marriage.If you succeed in marrying a close relative in another state, New York may prosecute you for the misdemeanor crime of incest. The invalid marriage itself is not illegal, but sexual relations between close family members are against the law 6.

When Relatives Can Wed in New York

To summarize the rules on marrying relatives:

• You CAN marry your first cousin.
• You CANNOT marry your sibling, parent, aunt/uncle, niece/nephew, or step-relatives.
• Marrying a close relative in another state does not make it valid in NY.
• Attempting to marry prohibited relatives risks criminal charges.

The laws are intended to prevent genetic problems in children produced by very close relatives. There is less concern over more distant relationships like first cousins.While cousin marriage may seem icky to some, the freedom to choose your spouse is considered important. If you want to wed your first cousin, New York allows it. But marriage between siblings or direct ancestors and descendants is definitely illegal – so don’t even think about it!

More Resources:

• Details on NY marriage law from FindLaw
• Science on risks of cousin marriage from The Conversation
• Discussion on laws banning cousin marriage from Psychology Today