Yes, cousin marriage is legal in North Dakota under specific conditions. State law permits first-cousin unions if both parties are at least 65 years old or if one is infertile, aligning with N.D. Cent. Code § 14-03-02. No criminal penalties exist for violations, but county clerks may deny licenses absent compliance. Recent 2026 legislative reviews by the North Dakota Legislative Council have not proposed amendments, maintaining the status quo.
Key Regulations for Cousin Marriage in North Dakota
- Age or Infertility Requirement: N.D. Cent. Code § 14-03-02 mandates that first cousins may marry only if both are 65+ or one is medically sterile. Documentation may be required by county registrars.
- Licensing Discretion: County clerks in North Dakota retain authority to verify compliance before issuing marriage licenses. Failure to disclose age or infertility may result in license denial.
- No Criminal Liability: Unlike some states, North Dakota does not criminalize cousin marriage, though courts may void marriages violating § 14-03-02 if challenged.