I am a child born within Wedlock and my parents are first cousins. Am I a legitimate child?

Full question:

I live in Oregon. I am a child born within Wedlock. However, my parents are first cousins. Am I a legitimate child?

• Category: Marriage
• Date: 04/07/2025
• State: Oregon

Answer:

Per Oregon law, when the parties to a marriage are first cousins or any nearer kin to each other, then the marriage is prohibited or void, except that when the parties are first cousins by adoption only. However, Oregon recognizes the legitimacy of the child born in such relationships. Here, though the marriage of your parents was void, you are a legitimate child under Oregon law as issue of a prohibited marriage is legitimate in Oregon.  ORS § 106.190 deals about the legitimacy of the issues of imperfect marriages and ORS § 106.020 provides the provisions related to prohibited marriages. ORS § 106.190 in its pertinent part reads as follows:
 
“(1) The issue of marriages void under ORS 106.020 are legitimate.
  (2)***”
 
ORS § 106.020 that deals with the prohibited marriages are as follows:

“The following marriages are prohibited; and, if solemnized within this state, are absolutely void:
 (1) ***
(2) When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law, except that when the parties are first cousins by adoption only, the marriage is not prohibited or void.”