Full question:
I live in New York and I like to marry my niece. Is it prohibited under New York law?
- Category: Marriage
- Subcategory: Unlawful
- Date:
- State: New York
Answer:
Generally, marriages between two parties that are related within the prohibited degrees of consanguinity are incestuous and void. In New York, marriages are void if entered into between an ancestor and descendant; brothers and sisters of the whole or half-blood; an uncle and a niece or an aunt and a nephew. As, you are to marry your niece, it comes under incestuous and void marriages and is prohibited. Moreover, if your marriage is solemnized, the court may fine each with not less than fifty but not more than one hundred dollars and also in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. The provisions related to the incestuous marriages are provided in NY CLS Dom Rel § 5. It reads as follows: “A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either:
1. An ancestor and a descendant;
2. A brother and sister of either the whole or the half-blood;
3. An uncle and niece or an aunt and nephew.
If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. Any person who shall knowingly and willfully solemnize such marriage, or procure or aid in the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like manner.”
1. An ancestor and a descendant;
2. A brother and sister of either the whole or the half-blood;
3. An uncle and niece or an aunt and nephew.
If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. Any person who shall knowingly and willfully solemnize such marriage, or procure or aid in the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like manner.”
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.
