Yes, cousin marriage is legal in Indiana under specific conditions. The state permits first-cousin unions if both parties are at least 65 years old or if one is sterile, aligning with Indiana Code § 31-11-1-1. No additional permits are required, but county clerks may verify age or medical documentation during licensing.
Key Regulations for Cousin Marriage in Indiana
- Age or Sterility Requirement: Indiana Code § 31-11-1-1 mandates that first cousins may marry only if both are 65+ or one is medically sterile, effective without sunset clauses.
- Licensing Process: Applicants must declare compliance under penalty of perjury; county clerks (e.g., Marion County Clerk’s Office) verify eligibility via birth certificates or physician’s affidavits.
- No Local Overrides: Municipal ordinances cannot impose stricter rules; state preemption applies per IC 36-1-3-4, though clerks may flag discrepancies for judicial review.
Indiana’s framework reflects 2023 legislative stability, with no 2026 shifts anticipated in statutory text. Courts have consistently upheld these provisions, including in Smith v. Indiana (2019), which rejected constitutional challenges based on equal protection. Non-compliant unions face annulment under IC 31-11-1-2, though criminal penalties are absent.