ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/212 (2026)

Prohibited Marriages

✓ current as of May 2026
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(750 ILCS 5/212) (from Ch. 40, par. 212)
    Sec. 212. Prohibited Marriages.
    (a) The following marriages are prohibited:
        (1) a marriage entered into prior to the dissolution
    
of an earlier marriage, civil union, or substantially similar legal relationship of one of the parties, unless the parties to the marriage are the same as the parties to a civil union and are seeking to convert their civil union to a marriage pursuant to Section 65 of the Illinois Religious Freedom Protection and Civil Union Act;
        (2) a marriage between an ancestor and a descendant
    
or between siblings, whether the relationship is by the half or the whole blood or by adoption;
        (3) a marriage between an uncle and a niece, between
    
an uncle and a nephew, between an aunt and a nephew, or between an aunt and a niece, whether the relationship is by the half or the whole blood;
        (4) a marriage between cousins of the first degree;
    
however, a marriage between first cousins is not prohibited if:
            (i) both parties are 50 years of age or older; or
            (ii) either party, at the time of application for
        
a marriage license, presents for filing with the county clerk of the county in which the marriage is to be solemnized, a certificate signed by a licensed physician stating that the party to the proposed marriage is permanently and irreversibly sterile;
        (5) (blank).
    (b) Parties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.
    (c) Children born or adopted of a prohibited or common law marriage are the lawful children of the parties.
(Source: P.A. 98-597, eff. 6-1-14.)

    
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1994–2024 · leading case: In Re Marriage of Simmons, 825 N.E.2d 303 (Ill. App. Ct. 2005).
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In Re Marriage of Simmons, 825 N.E.2d 303 (Ill. App. Ct. 2005). · cites it 3× “(West 2002)), while a marriage between a man and a woman is valid (750 ILCS 5/201 (West 2002)), a marriage between two individuals of the same sex is prohibited (750 ILCS 5/212(a)(5) (West 2002)). However, parties to a marriage prohibited under section 212 who cohabit after…”
Gray v. Orr, 4 F. Supp. 3d 984 (N.D. Ill. 2013). · cites it 2× “750 ILCS 5/212(a)(5). On November 5, 2013, the General Assembly passed Public Act 98-597 (Senate Bill 10), which amended the Illinois Marriage and Dissolution of Marriage Act to permit same-sex couples to legally marry in Illinois.”
In Re Marriage of May, 678 N.E.2d 71 (Ill. App. Ct. 1997). · cites it 3× “750 ILCS 5/212(a)(1) (West 1994). This section further provides that "[pjarties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.”
Milagros Irizarry, Individually & on Behalf of All Similarly Situated Employees of the Chicago Bd. of Educ. v. Bd. of Educ. of the City of Chicago, 251 F.3d 604 (7th Cir. 2001). “Although the board's purpose in entitling domestic partners so defined to spousal benefits was to extend such benefits to homosexual employees, homosexual marriage not being recognized by Illinois, 750 ILCS 5/212, 5/213.1, entitlement to the benefits does not require proof of…”
In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024). “A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of his status, whether or not the marriage is prohibited, under Section 212 [of the Marriage Act (750 ILCS 5/212 (West 2022))], or declared invalid,…”
In re Marriage of Chee, 2011 IL App (1st) 102797 (Ill. App. Ct. 2011). “750 ILCS 5/212(a)(1) (West 2008). According to section 301, a court shall enter a judgment declaring the invalidity of any marriage which is prohibited.”
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014). “750 ILCS 5/212 (West 2010). While proxy marriages, such as the one between Sissoko and Keita, are not permitted under Illinois law (see In re Estate of Crockett, 312 Ill.”
In Re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). “See 750 ILCS 5/212(a)(5) (West 1996) (prohibiting marriages between two individuals of the same sex); 750 ILCS 5/213.”
In Re Est. of Banks, 629 N.E.2d 1223 (Ill. App. Ct. 1994). · cites it 4× “” (750 ILCS 5/212(a)(1) (West 1992).) Under section 212(b), therefore, prohibited bigamous marriages become valid marriages at the time the impediment to the marriage is removed.”
In Re Est. of Bartolini, 674 N.E.2d 74 (Ill. App. Ct. 1996). · cites it 7× “Since the enactment of the modern legitimating statutes (755 ILCS 5/2 — 2(h); 750 ILCS 5/212, 303 (West 1994)), neither the Illinois courts nor the legislature has directly addressed the question of whether invalid marriages will serve to legitimate children born out of wedlock.”
In re Est. of Bartolini (Ill. App. Ct. 1996). · cites it 7× “In support of his petition to amend the order declaring heirship, plaintiff relied upon the legitimating statutes enacted under section 2-2(h) of the Probate Act (755 ILCS 5/2-2(h) (West 1994)), and under sections 212(c) and 303 of the Illinois Marriage and Dissolution of…”
In re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). “See 750 ILCS 5/212(a)(5) (West 1996) (prohibiting marriages between two individuals of the same sex); 750 ILCS 5/213.”
— 750 ILCS 5/212(a)(1) — 3 cases
In re Marriage of Chee, 2011 IL App (1st) 102797 (Ill. App. Ct. 2011). “750 ILCS 5/212(a)(1) (West 2008). According to section 301, a court shall enter a judgment declaring the invalidity of any marriage which is prohibited.”
In Re Marriage of May, 678 N.E.2d 71 (Ill. App. Ct. 1997). “750 ILCS 5/212(a)(1) (West 1994). This section further provides that "[pjarties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.”
In Re Est. of Banks, 629 N.E.2d 1223 (Ill. App. Ct. 1994). “” (750 ILCS 5/212(a)(1) (West 1992).) Under section 212(b), therefore, prohibited bigamous marriages become valid marriages at the time the impediment to the marriage is removed.”
— 750 ILCS 5/212(a)(5) — 4 cases
Gray v. Orr, 4 F. Supp. 3d 984 (N.D. Ill. 2013). “750 ILCS 5/212(a)(5). On November 5, 2013, the General Assembly passed Public Act 98-597 (Senate Bill 10), which amended the Illinois Marriage and Dissolution of Marriage Act to permit same-sex couples to legally marry in Illinois.”
In Re Marriage of Simmons, 825 N.E.2d 303 (Ill. App. Ct. 2005). “(West 2002)), while a marriage between a man and a woman is valid (750 ILCS 5/201 (West 2002)), a marriage between two individuals of the same sex is prohibited (750 ILCS 5/212(a)(5) (West 2002)). However, parties to a marriage prohibited under section 212 who cohabit after…”
In Re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). “See 750 ILCS 5/212(a)(5) (West 1996) (prohibiting marriages between two individuals of the same sex); 750 ILCS 5/213.”
In re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). “See 750 ILCS 5/212(a)(5) (West 1996) (prohibiting marriages between two individuals of the same sex); 750 ILCS 5/213.”
— 750 ILCS 5/212(b) — 3 cases
In Re Marriage of Simmons, 825 N.E.2d 303 (Ill. App. Ct. 2005). “(West 2002)), while a marriage between a man and a woman is valid (750 ILCS 5/201 (West 2002)), a marriage between two individuals of the same sex is prohibited (750 ILCS 5/212(a)(5) (West 2002)). However, parties to a marriage prohibited under section 212 who cohabit after…”
In Re Marriage of May, 678 N.E.2d 71 (Ill. App. Ct. 1997). “750 ILCS 5/212(a)(1) (West 1994). This section further provides that "[pjarties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.”
In Re Est. of Banks, 629 N.E.2d 1223 (Ill. App. Ct. 1994). “” (750 ILCS 5/212(a)(1) (West 1992).) Under section 212(b), therefore, prohibited bigamous marriages become valid marriages at the time the impediment to the marriage is removed.”
— 750 ILCS 5/212(c) — 2 cases
In Re Est. of Bartolini, 674 N.E.2d 74 (Ill. App. Ct. 1996). “Since the enactment of the modern legitimating statutes (755 ILCS 5/2 — 2(h); 750 ILCS 5/212, 303 (West 1994)), neither the Illinois courts nor the legislature has directly addressed the question of whether invalid marriages will serve to legitimate children born out of wedlock.”
In re Est. of Bartolini (Ill. App. Ct. 1996). “In support of his petition to amend the order declaring heirship, plaintiff relied upon the legitimating statutes enacted under section 2-2(h) of the Probate Act (755 ILCS 5/2-2(h) (West 1994)), and under sections 212(c) and 303 of the Illinois Marriage and Dissolution of…”
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