Kentucky Revised Statutes
Ky. Rev. Stat. § 402.010 (2026)
Degree of relationship that will bar marriage
✓ current as of May 2026
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(1) No marriage shall be contracted between persons who are nearer of kin to each other by consanguinity, whether of the whole or half-blood, than second cousins.
(2) Marriages prohibited by subsection (1) of this section are incestuous and void. History: Amended 1946 Ky. Acts ch. 124, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2096.
Notes of Decisions
Cited in 10
cases, 1949–2015 · leading case: United States v. Dedman, 527 F.3d 577 (6th Cir. 2008).
United States v. Dedman, 527 F.3d 577 (6th Cir. 2008). “The logical puzzle that Dedman provides us is this: if she knew that the marriage was illegal in Arkansas, why did she travel to Arkansas in the first place, if the marriage would have been legal in her home state of Kentucky? See Ky.Rev.Stat. Ann. § 402.010(1) (prohibiting…”
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006). “040, KRS 402.010, KRS 402.020, KRS 402.030, and KRS 510.”
Miller v. Davis, 123 F. Supp. 3d 924 (E.D. Ky. 2015). “See Ky.Rev.Stat. Ann. §§ 402.010, 402.020(a (d), (f).”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “020 (Lexis 1996); Ky. Rev. Stat. Ann. § 402.010 (Michie 1999); La.”
Bedinger v. Graybill's & Tr., 302 S.W.2d 594 (Ky. Ct. App. 1957). “*600 The suggestion or implication that public policy is offended by interpreting the statute so that it sanctions such an adoption rests on the idea that it results in an incestuous relation.”
Dennis v. Commonwealth, 156 S.W.3d 759 (Ky. Ct. App. 2004). “Next, we are not persuaded by appellant’s contention that Kentucky’s marriage statute, KRS 402.010, compels a different interpretation of KRS 530.”
Mangrum v. Mangrum, 220 S.W.2d 406 (Ky. Ct. App. 1949). “This section also prohibits and declares void bigamous marriages, marriage with an idiot or lunatic, marriage between a white person and a Negro, and a marriage not solemnized or contracted in the presence of an authorized person or society.”
Ferguson v. Ferguson, 610 S.W.2d 925 (Ky. Ct. App. 1980). “120 apply primarily to incestuous marriages as described in KRS 402.010. We reject this argument as one of form over substance.”
Ex Parte Bowen, 247 S.W.2d 379 (Ky. Ct. App. 1952). “Her petition was dismissed, and it was adjudged that her marriage on September 11, 1946, to her first cousin, Carl Bowen, in Todd County, Kentucky, was void and incestuous under KRS 402.010. Lois and Carl were residents of Arkansas.”
Clarence Robinson v. Commonwealth of Kentucky (Ky. 2006). “040, KRS 402.010, KRS 402 .020, KRS 402.030, and KRS 510 .”
— Ky. Rev. Stat. § 402.010(1) — 1 case
United States v. Dedman, 527 F.3d 577 (6th Cir. 2008). “The logical puzzle that Dedman provides us is this: if she knew that the marriage was illegal in Arkansas, why did she travel to Arkansas in the first place, if the marriage would have been legal in her home state of Kentucky? See Ky.Rev.Stat. Ann. § 402.010(1) (prohibiting…”
— Ky. Rev. Stat. § 402.010(2) — 1 case
Ferguson v. Ferguson, 610 S.W.2d 925 (Ky. Ct. App. 1980). “120 apply primarily to incestuous marriages as described in KRS 402.010. We reject this argument as one of form over substance.”
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