Prohibited Marriages
§ 212. Prohibited Marriages. (a) The following marriages
are prohibited:
(1) a marriage entered into prior to the dissolution of
an earlier marriage of one of the parties;
(2) a marriage between an ancestor and a descendant or
between a brother and a sister, whether the relationship
is by the half or the whole blood or by adoption;
(3) a marriage between an uncle and a niece or between
an aunt and a nephew, whether the relationship is by the
half or the whole blood;
(4) a marriage between cousins of the first degree; however,
a marriage between first cousins is not prohibited if:
(i) both parties are 50 years of age or older; or
(ii) either party, at the time of application for a marriage
license, presents for filing with the county clerk of
the county in which the marriage is to be solemnized,
a certificate signed by a licensed physician stating that
the party to the proposed marriage is permanently and
irreversibly sterile;
(5) a marriage between 2 individuals of the same sex.
(b) Parties to a marriage prohibited under subsection
(a) of this Section who cohabit after removal of the impediment
are lawfully married as of the date of the removal of
the impediment.
(c) Children born or adopted of a prohibited or common
law marriage are legitimate.
(750 Illinois Compiled Statutes section 5/212)
