Yes, cousin marriage is legal in Arkansas but subject to strict statutory limits. State law permits first-cousin unions only if both parties are 65+, or if one is sterile, per Ark. Code Ann. § 9-2-103. No licenses are issued for closer relations, and local clerks enforce these provisions under Arkansas Department of Health oversight.
Key Regulations for Cousin Marriage in Arkansas
- Age or Sterility Requirement: First cousins may marry only if both are 65+ or one is medically sterile (Ark. Code Ann. § 9-2-103).
- Prohibited Degrees: Marriages between siblings, half-siblings, parents/children, or aunts/uncles are void ab initio under Ark. Code Ann. § 9-12-201.
- Licensing Enforcement: County clerks verify compliance via sworn affidavits; the Arkansas Department of Health audits records annually for 2026 compliance alignment.
Local jurisdictions, such as Pulaski County, have denied licenses to first cousins under 65 without proof of sterility, reflecting heightened scrutiny post-2023 legislative clarifications. Courts interpret these statutes narrowly, rejecting common-law marriage claims for prohibited unions. Violations may invalidate marital status retroactively, triggering inheritance disputes or child custody challenges.