Utah Marriage Laws | § 81-2-402 | Incestuous Marriages Void. Marriage Laws

Utah Code 81-2-402

Incestuous marriages void.

[Section 30-1-1 - Renumbered] §81-2-402 Incestuous marriages void.

(1) The following marriages are incestuous and void from the beginning, regardless of whether the relationship is legally recognized:

(a) a marriage between a parent and a child;

(b) a marriage between an ancestor and a descendant of any degree;

(c) a marriage between siblings of the half or whole blood;

(d) a marriage between an uncle and a niece or nephew;

(e) a marriage between an aunt and a niece or nephew;

(f) except as provided in Subsection (2), a marriage between first cousins; or

(g) except as provided in Subsection (2), a marriage between individuals related to each other within and not including the fifth degree of consanguinity computed according to the rules of the civil law.

(2) First cousins may marry under the following circumstances:

(a) both parties are 65 years old or older; or

(b) if both parties are 55 years old or older, upon a finding by the district court, located in the district in which either party resides, that either party is unable to reproduce.

Amended by Chapter 317, 2019 General Session; Chapter 217, 2022 General Session; Renumbered as §81-2-402 by Chapter 366, 2024 General Session ,§ 85, eff. 9/1/2024

Back to Utah Marriage Laws

More Utah Marriage Laws

§ 81-2-202 Premarital counseling or education -- State policy -- Applicability.
§ 30-1-2.2 [Repealed] Validation of interracial marriages.
§ 81-2-405 Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
§ 81-2-302 Marriage licenses -- Use within state -- Expiration.
§ 81-2-408 Validity of marriage not solemnized or solemnized before an unauthorized individual.
§ 81-2-407 Validity of foreign marriages -- Exceptions.
§ 81-2-102 Marriage recognition policy.
§ 81-2-402 Incestuous marriages void.
§ 81-2-203 Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.
§ 81-2-305 Who may solemnize marriages -- Certificate.
§ 81-2-303 Application for license -- Contents
§ 30-1-11 [Repealed] Return of license after ceremony -- Penalty for failure to return -- Criminal penalty for false statement.
§ 81-4-303 Petition for annulment -- Venue -- Judgment on validity of marriage.
§ 30-1-17.2 [Repealed] Action to determine validity of marriage -- Orders relating to parties, property, and children -- Presumption of paternity in marriage.
§ 30-1-17.3 [Repealed] Age as basis of action to determine validity of marriage -- Refusal to grant annulment.
§ 30-1-5 [Repealed] Marriage solemnization -- Before unauthorized person -- Validity.
§ 81-2-406 Validation of marriage to a person with acquired immune deficiency syndrome or other sexually transmitted disease.
§ 30-1-3 [Superseded] Marriage in belief of death or divorce of former spouse -- Issue legitimate.
§ 81-2-403 Marriages prohibited and void.
§ 81-2-404 Validation of marriage to a person subject to chronic epileptic fits who had not been sterilized.
§ 81-2-304 Marriage of a minor -- Consent of parent or guardian -- Juvenile court authorization.
§ 81-4-102 Action for annulment or divorce as alternative relief.
§ 30-1-9.1 [Repealed] Parental consent to prohibited marriage of minor -- Penalty.
§ 30-1-13 [ Repealed ] Solemnization without license -- Penalty.
§ 81-2-306 County clerk to file license and certificate -- Designation as vital record.
§ 30-1-15 [Repealed] Solemnization of prohibited marriage -- Penalty.
§ 30-1-16 [ Repealed] Misconduct of county clerk -- Penalty.
§ 81-4-302 Annulment -- Grounds.
§ 81-2-204 Master plan for counseling.
§ 30-1-14 [ Repealed ] Acting without authority -- Penalty.
§ 81-2-205 Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.
§ 81-2-206 Completion of counseling or education.
§ 81-2-207 Persons performing counseling services designated by board -- Exemption from license requirements.
§ 81-2-201 Definitions for part. (Premarital Counseling)
§ 81-2-208 Confidentiality of information obtained under counseling provisions.
§ 81-2-209 Fee for counseling.
§ 81-2-409 Legal recognition of a child when marriage is void.
§ 81-2-401 Definitions for part.
§ 81-1-101 Definitions for title.
§ 81-2-301 Definitions for part.
§ 30-1-10 [Repealed] Affidavit before the clerk -- Penalty.