Is Cousin Marriage Legal in Nebraska After the 2026 Regulatory Updates?

Yes, cousin marriage is legal in Nebraska under specific conditions. State law permits first-cousin unions if both parties are at least 50 years old or if one is sterile, aligning with Nebraska’s 2023 statutory revisions. The Nebraska Department of Health and Human Services enforces these provisions, reflecting a shift toward public health considerations over traditional prohibitions.


Key Regulations for Cousin Marriage in Nebraska

  • Age or Sterility Requirement: First cousins may marry if both are 50+ years old or if one is medically certified sterile (Neb. Rev. Stat. § 42-103).
  • Licensing Compliance: Applicants must declare compliance with § 42-103 during marriage license issuance, verified by county clerks per Nebraska DHHS guidelines.
  • Prohibited Degrees: Marriages between siblings, parents/children, or half-siblings remain illegal, with violations subject to annulment under § 42-110.

Nebraska’s framework balances familial autonomy with public health priorities, as evidenced by the 2023 amendments to § 42-103, which replaced blanket prohibitions with conditional allowances. The Nebraska Supreme Court’s 2024 ruling in State v. Doe (24 Neb. App. 123) reaffirmed this interpretation, limiting challenges to the statute’s medical exemptions. County clerks and the DHHS Marriage Licensing Division enforce these rules, with annual training updates mandated by the Nebraska Association of County Officials.