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:
The marriage between persons closely related than second cousins is an incestuous marriage. Although these marriages are void, the children born out of such marriages are legitimate children. Per Burns Ind. Code Ann. § 31-13-1-1:“If a marriage is void because the parties to the marriage are more closely related than second cousins, the children of the marriage shall be treated as if the children are children of a marriage that is not void.”
The marriage between you and your husband is void because it is an incestuous marriage. But per the above statute your 2-year-old child will be considered as 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.
