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Roger, Attorney
Category: Family Law
Satisfied Customers: 30905
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I would like to kindly ask, if is possible in the state of

Customer Question

Good afternoon,
I would like to kindly ask , if is possible in the state of NY a marriage between Uncle and Nephew?
Thank you!
Submitted: 2 months ago.
Category: Family Law
Expert:  Roger replied 2 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 2 months ago.

Yes, this marriage should be void because of the degree of kinship. The law provides as follows:

Domestic Relations Law 5

Incestuous and void marriages

A marriage is incestuous and void whether the relatives are legitimate or illegitimate between either:

1. An ancestor and a descendant;

2. A brother and sister of either the whole or the half blood;

3. An uncle and niece or an aunt and nephew.

If a marriage prohibited by the foregoing provisions of this section be solemnized it shall be void, and the parties thereto shall each be fined not less than fifty nor more than one hundred dollars and may, in the discretion of the court in addition to said fine, be imprisoned for a term not exceeding six months. Any person who shall knowingly and wilfully solemnize such marriage, or procure or aid in the solemnization of the same, shall be deemed guilty of a misdemeanor and shall be fined or imprisoned in like manner.

Here's a link to the statute:

Expert:  Roger replied 2 months ago.

Obviously, this statute was written prior to the advent of gay marriage......but the same principles would apply.

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