Missouri Revised Statutes

Mo. Rev. Stat. § 451.020 (2026)

Certain marriages prohibited

✓ current as of May 2026

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451.020. Certain marriages prohibited — official issuing licenses to certain persons guilty of misdemeanor. — All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, between uncles and nieces, aunts and nephews, first cousins, and between persons who lack capacity to enter into a marriage contract, are presumptively void; and it shall be unlawful for any city, county or state official having authority to issue marriage licenses to issue such marriage licenses to the persons heretofore designated, and any such official who shall issue such licenses to the persons aforesaid knowing such persons to be within the prohibition of this section shall be deemed guilty of a misdemeanor; and this prohibition shall apply to persons born out of lawful wedlock as well as those in lawful wedlock. It shall be presumed that marriages between persons who lack capacity to enter into a marriage contract are prohibited unless the court having jurisdiction over such persons approves the marriage.

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(RSMo 1939 § 3361, A.L. 1961 p. 343, A.L. 1969 H.B. 564, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 2974; 1919 § 7299; 1909 § 8280

(1955) Mental capacity to enter into marriage must be determined as of date of marriage and testimony that spouse was mentally ill at such time did not show insanity. Forbis v. Forbis (A.), 274 S.W.2d 800.

(2000) When a second marriage takes place prior to the annulment of a previous voidable marriage, a decree annulling the first marriage does not relate back to the time of that marriage so as to validate a second marriage contracted before the annulment decree. Everetts v. Apfel, 214 F.3d 990 (8th Cir.).

Notes of Decisions

Cited in 8 cases, 1952–2004 · leading case: Loving v. Virginia, 388 U.S. 1 (1967).

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Loving v. Virginia, 388 U.S. 1 (1967). · cites it 2× “§ 459 (1956); Missouri, Mo. Rev. Stat. § 451.020 (Supp. 1966); North Carolina, N.”

Forbis Ex Rel. Davis v. Forbis, 274 S.W.2d 800 (Mo. Ct. App. 1955). · cites it 8× “After most of the evidence had been taken, defendant filed an amended answer in which “by way of cross-complaint” he alleged that “the plaintiff * * has introduced testimony disclosing that at the time of the entering into such alleged marriage ceremony * * * the plaintiff was…”

Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “020 (1986); Mo. Rev. Stat. § 451.020 (1986); Mont. Code Ann.”

Glass v. Glass, 546 S.W.2d 738 (Mo. Ct. App. 1977). “887 (1921)] or because for other reasons the law allows the ceremony no validity [§§ 451.020 and 451.-030]. A voidable marriage, on the other hand, results from fraud, error, duress, or other imperfect consent.”

Williams v. Kansas City, Mo., 104 F. Supp. 848 (W.D. Mo. 1952). “And miscegenation is prohibited by Sections 451.020 and 563.240, RSMo 1949, V.”

State Ex Rel. Miesner v. Geile, 747 S.W.2d 757 (Mo. Ct. App. 1988). · cites it 12× “Clerk based her decision on the authority of § 451.020, RSMo 1986. The issue before us is whether the marriage of an uncle and niece related by adoption is prohibited by § 451.”

Sheffield v. Andrews, 440 S.W.2d 175 (Mo. Ct. App. 1969). · cites it 2× “The petition specifically invokes and declares under Section 451.020 V.A.M.S., which provides in part: “All marriages * * * between persons either of whom is insane, mentally imbecile or feeble-minded, are prohibited and declared absolutely void; * * * After a trial during which…”

Everetts v. Apfel, 63 F. Supp. 2d 1020 (E.D. Mo. 1999). · cites it 2× “See Mo.Rev. Stat. § 451.020. While a minor generally lacks the capacity to contract, Missouri law provides that a marriage will be valid if one of the minor's parents consents to the marriage in writing.”

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