Does failure to conduct sickle cell anemia test prior to marriage invalidate the marriage?

Full question:

I got married last year but neither me nor my husband took the test for sickle cell anemia before getting our marriage license. Will this affect the legality of our marriage?

  • Category: Marriage
  • Date:
  • State: New York

Answer:

In New York, it is required that an applicant for a marriage license who is not of Caucasian, Indian or Oriental race should take the test for sickle cell anemia. However the failure to take the test by itself will not invalidate an otherwise valid marriage. The law is stated in N.Y. Dom. Rel. Law § 13-aa that reads:
 
“1. On and after the effective date of this act,1 such test as may be necessary shall be given to each applicant for a marriage license who is not of the Caucasian, Indian or Oriental race for the purposes of discovering the existence of sickle cell anemia and notifying the applicant of the results of such test.
2. No application for a marriage license shall be denied solely on the ground that such test proves positive, nor shall the absence of such test invalidate a marriage.
3. The provisions of this section shall not apply to any person who refuses to take such test because of his religious beliefs.”
 

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

In some states, blood tests may be required before obtaining a marriage license, but this is becoming less common. For example, New York does not require blood tests for marriage, but it does require certain applicants to take a sickle cell anemia test. Always check your state's specific requirements to ensure compliance.