NC General Statutes

N.C. Gen. Stat. § 51-4 (2026)

Prohibited degrees of kinship

✓ current as of July 2026
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When the degree of kinship is estimated with a view to ascertain the right of kinspeople to marry, the half-blood shall be counted as the whole-blood: Provided, that nothing herein contained shall be so construed as to invalidate any marriage heretofore contracted in case where by counting the half-blood as the whole-blood the persons contracting such marriage would be nearer of kin than first cousins; but in every such case the kinship shall be ascertained by counting relations of the half-blood as being only half so near kin as those of the same degree of the whole-blood (1879, c. 78; Code, s. 1811; Rev., s. 2084; C.S., s. 2496.)

 

§ 51-5.  Marriages between slaves validated.

Persons, both or one of whom were formerly slaves, who have complied with the provisions of section five, Chapter 40, of the acts  of the General Assembly, ratified March 10, 1866, shall be deemed to have been lawfully married. (1866, c. 40, s. 5; Code, s. 1842; Rev., s. 2085; C.S., s. 2497.)

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1986–2023 · leading case: Dobson v. Honeycutt, 338 S.E.2d 605 (N.C. Ct. App. 1986).
Dobson v. Honeycutt, 338 S.E.2d 605 (N.C. Ct. App. 1986). “” Peremptory instructions in an appropriate case have long been accepted practice in North Carolina.”
State v. Palacio (N.C. Ct. App. 2023). · cites it 2× “” N.C. Gen. Stat. § 51-4 (2018). Expanding the scope of section 14-178 to include a niece-in-law would mean that, while an individual could marry their niece-in-law where certain age restrictions do not prohibit otherwise, that individual would be guilty of incest if the…”
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