26.04.020 - Prohibited marriages.

Prohibited marriages.

(1) Marriages in the following cases are prohibited:

     (a) When either party thereto has a wife or husband living at the time of such marriage;

     (b) When the husband and wife are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law; or

     (c) When the parties are persons other than a male and a female.

     (2) It is unlawful for any man to marry his father's sister, mother's sister, daughter, sister, son's daughter, daughter's daughter, brother's daughter or sister's daughter; it is unlawful for any woman to marry her father's brother, mother's brother, son, brother, son's son, daughter's son, brother's son or sister's son.

     (3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a), (1)(c), or (2) of this section.

[1998 c 1 § 4; 1927 c 189 § 1; Code 1881 § 949; 1866 p 81 § 2; 1854 p 96 § 115; RRS § 8438.]

Notes: Finding -- Intent--1998 c 1: See notes following RCW 26.04.010.

Bigamy: RCW 9A.64.010.

Incest -- Penalties: RCW 9A.64.020.