Yes, cousin marriage is legal in Montana under specific conditions. Montana permits first-cousin unions if both parties are 55 or older or if one is permanently sterile, aligning with state health statutes and avoiding genetic risks. The Montana Department of Public Health and Human Services enforces these provisions, which were last amended in 2023 to clarify sterilization documentation requirements.
Key Regulations for Cousin Marriage in Montana
- Age or Sterility Requirement: Montana Statute §40-1-401 mandates that first cousins may marry only if both are 55+ or if one is medically certified as permanently sterile, reducing procreation risks.
- Medical Certification: Sterility must be verified by a licensed physician and submitted to the county clerk during license issuance, per Montana Department of Public Health guidelines (Circular 2023-04).
- County Clerk Enforcement: Local registrars validate compliance before issuing marriage licenses, with appeals processed through the Montana District Courts under §40-1-402.
Montana’s framework reflects a balance between cultural norms and public health priorities, diverging from states like New York, which prohibits all cousin marriages. The 2026 Montana Legislative Session has proposed no changes to these statutes, maintaining the current regulatory landscape.