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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22000
Experience:  General practice of law with emphasis in family law.
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Is it legal in any states such as Rhode Island or preferably

Resolved Question:

Is it legal in any states such as Rhode Island or preferably ohio for a half aunt/nephew I am 49 and my nephew is 50... We will obviously not be having children (my sister and I share the same father but different mothers) to marry and have the marriage legally recognized and be without threat of arrest and prosecution?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello

Thank you for requesting I help with this.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating

I suggest you could get married in any of the following states.

Arizona- if both are 65 or older, or one is unable to reproduce.
Illinois- if both are 50 or older, or one is unable to reproduce.
Indiana- if both are at 65 years old
Maine- if couple obtains a physician's certificate of genetic counseling
Utah- if both are 65 or older, or if both are 55 or older and one is unable reproduce.
Wisconsin- if the woman is 55 or older, or one is unable to reproduce.
Customer: replied 1 year ago.
Thank you Samuel for your prompt response! My nephew has had a vasectomy so I guess that would make the states you recommended a go. Would there be any criminal ramifications to this union? Even though state law statues say that it is forbidden for a an aunt to marry her nephew, is the exception the fact that we are only half related or is that not relevant? How will we show proof of this. Or are the states you recommended just that cut and dried if one can not reproduce and is vasectomy the clear exception and the consideration for being unable to reproduce? We currently reside in Florida but I guess it is not an option to get married here. We really wanted to marry in Ohio where family is but are you saying Ohio would not recognize such a union?
Expert:  Samuel II replied 1 year ago.
Hello

Ohio would not permit the marriage - nor would RI

The states, I suggested do not prohibit the marriage. Questions will be asked on the application and you will have to answer them truthfully as to your relationship status.

There would be an exception to any prohibition in these states because it is a Half-family member situation and each of those states allow first cousin marriages.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22000
Experience: General practice of law with emphasis in family law.
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