In Utah, marrying your first cousin is largely illegal, but there are two narrow exceptions that make it possible under strict age and medical conditions. The law treats first‑cousin marriages as “incestuous” and void unless the couple meets one of these exceptions, and in many practical situations, a cousin marriage will not be recognized by the state.
Below is an article‑style guide to what Utah law says about marrying your cousin and what couples need to understand before tying the knot.
How Utah Law Treats Cousin Marriage
Utah’s Utah Code § 30‑1‑1 declares that marriages between first cousins are “incestuous” and void from the beginning, unless an exception applies. This means that, by default, a license clerk cannot legally issue a marriage license to two first cousins, and any ceremony they hold is not recognized by the state.
The law also bans marriages between closer relatives, such as parents and children, siblings, aunts‑and‑nephews, or uncles‑and‑nieces, treating all of these as void regardless of age or consent. First‑cousin unions sit in the middle of that spectrum: not as close as parent‑child but still legally restricted.
The Two Exceptions to the Rule
Utah does allow first cousins to marry if they satisfy one of two very specific conditions.
- Both parties are 65 or older
If both cousins are at least 65 years old, they are permitted to marry under state law, regardless of fertility or medical status. This age‑based exception reflects a legislative judgment that older couples pose less risk of producing children with higher rates of genetic disorders. - Both are 55 or older and one is proven infertile
If both cousins are 55 or older, they may marry only if a Utah district court in either party’s county finds that one of them is unable to reproduce. This requires a formal petition and medical evidence, making it a more cumbersome process than a standard marriage application.
In all other cases—whether the cousins are in their 20s, 30s, or even just under 55—Utah law still treats first‑cousin marriage as void.
Out‑of‑State Marriages and Recognition
Because Utah voids first‑cousin marriages that do not meet its exceptions, Utah will not recognize a cousin marriage performed in another state if the couple is simply younger than 55 or 65 or cannot prove infertility. Some couples travel to states that allow cousin marriage (such as Colorado or New York) to wed, but returning to Utah can leave them in a legal limbo, with their union treated as invalid for tax, inheritance, and other official purposes.
Conversely, if a couple meets Utah’s age or infertility exception, their marriage is treated like any other state‑recognized union, with the same rights and responsibilities.
Criminal and Civil Risks
Utah not only voids unauthorized cousin marriages; it can also treat sexual relations between certain close relatives as criminal incest, which is a third‑degree felony carrying up to five years in prison and a 5,000‑dollar fine. Couples who marry as first cousins outside of Utah’s exceptions risk both civil invalidation of their marriage and potential criminal‑law exposure if their relationship is classified as incest under state definitions.
Because of these stakes, legal experts often advise couples considering a cousin marriage to:
- Consult a local family‑law attorney before planning a wedding.
- Carefully review whether they meet the 55/65 or infertility requirements.
- Avoid assuming that a ceremony in another state will be honored in Utah.
What Utah Couples Should Know
For many Utah residents, the law sends a clear message: you cannot legally marry your first cousin unless you are in your mid‑50s or older and meet strict age or medical criteria. The restrictions reflect concerns about genetics, family structure, and public policy, even as cousin marriages remain legal in many other states.
If you and your cousin are seriously considering a marriage that might fall into this gray area, the safest step is to speak with a qualified Utah attorney who can walk you through the code, exceptions, and any potential personal‑risk implications.
Sources
- (https://en.wikipedia.org/wiki/Cousin_marriage)
- (https://le.utah.gov/xcode/Title81/Chapter2/C81-2-P4_2024090120240501.pdf)
- (https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States)
