Full question:
I am married and live in Colorado. After 6 years of marriage, I came to know that she is my aunt. We have a four year old son. Is our marriage a prohibited one? Is there any issue regarding the legitimacy of our child?
- Category: Paternity
- Date:
- State: Colorado
Answer:
In Colorado, C.R.S. 14-2-110 deals with the prohibited marriages. It reads:“(1) The following marriages are prohibited:
(a) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties, except a currently valid marriage between the parties;
(a.5) A marriage entered into prior to the dissolution of an earlier civil union of one of the parties, except a currently valid civil union between the same two parties;
(b) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;
(c) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures.
***”
The provision related to children born out of prohibited marriage is dealt under C.R.S. 14-2-110 (2). It provides in pertinent part that:
“***
Children born of a prohibited marriage are legitimate.”
Therefore, under Colorado law your marriage is a prohibited marriage. However, as the children born out of a prohibited marriage are legitimate, the child born out of your relationship is legitimate.
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.
