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Feona

Legality in Utah

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Me and my cousin are planning on getting married in Feb. of this year. My concern is the legality of of the marriage in the state of Utah. It states we both need to be above the age of 65, or, 55 and unable to reproduce. Well we both cannot reproduce. He had a vasectomy and I had a hysterectomy. I am 46 and he sis 53. We clearly will not wait until we are of age. Does anyone know of anything about this law?

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Feona,

Welcome.

Let's get the standard disclaimer out of the way here, that being "We do not give legal advice here on the site." Now, that being said, perhaps we can point you in the right direction of the correct answer to your question.

I'm not so sure about the wording in Utah, but I know Illinois has very similar wording. Here ( http://www.cousincouples.com/?page=states ) you will find a map showing the several States, with links to the statutes as we have them. The laws do change from time to time, so, as I always say YMMV. (Your Mileage May Vary) Just looking there, you are correct. You must BOTH be above 55 years of age, AND one of you must provide proof of infertility. If you click the link on Utah to read this, you will also notice the incest statute. I highly recommend you pay VERY close attention to that particular section of Utah's statutes. You DO NOT want to be discovered in an uncompromising situation which would put you afoul of that statute. As you will note, it is considered a Class 3 felony. As stated previously, we don't give legal advice, but I personally feel safe in saying you do NOT want to be guinea pigs for a test case to get this statute thrown out, unless you feel VERY strongly about it, AND have some VERY DEEP pockets. You could very easily find yourselves in quite the legal pickle.

I know this isn't always possible, but my advice in any State which has cousins listed as criminally incestuous is to beat feet out of said State, ASAP. Wisconsin has similar wording and similar incest statutes, and I ALWAYS advise folks in a similar situation there to get out of Wisconsin as soon as at all possible. We will not go into particulars, but we had a member at one point from Wisconsin who found herself in very deep legal waters there by running afoul of the incest statute. We did our best to help her and her legal consul prepare, and, in the end, THE STATE didn't have the stomach for a possible loss, and subsequent overturning of the statute, so, they dropped the charges. That did not alleviate great wailing and gnashing of teeth on her part, and nail biting on our part up until that point however. YOU DO NOT WANT SIMILAR DRAMA. My personal advice is get your traveling shoes on, load up the old Family Truckster, and haul arse on OUT of Utah. If you are close enough, Colorado would be an excellent option. Until then, be VERY careful in Utah....... 

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