Is my marriage to my cousin valid in Indiana?

Full question:

I am married to my cousin (uncle’s son) and we have been living together in Indiana for the past 5 years. We have a 2-year-old child. Is our marriage valid? What is the legal status of my 2 year old child?

  • Category: Paternity
  • Date:
  • State: Indiana

Answer:

In Indiana, marriages between close relatives, such as first cousins, are considered incestuous and are void. However, children born from such marriages are still recognized as legitimate. According to Indiana law (Burns Ind. Code Ann. § 31-13-1-1), if a marriage is void due to close kinship, the children are treated as if born from a valid marriage. Therefore, while your marriage is void, your two-year-old child is legally considered a legitimate child.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Cousin marriage laws vary by state. In many states, including California, New York, and Texas, it is legal to marry your first cousin. However, some states have restrictions or prohibit cousin marriages altogether. Always check your state's specific laws for the most accurate information.