Degrees of Relationship Within Which Intermarriage Prohibited; Penalty; Effect of Prohibited Marriage

1. Law
2. Georgia Code
3. Domestic Relations
4. Marriage Generally
5. General Provisions
6. Degrees of Relationship Within Which Intermarriage Prohibited; Penalty; Effect of Prohibited Marriage

1. Any person who marries a person to whom he knows he is related, either by blood or by marriage, as follows:
   1. Father and daughter or stepdaughter;
   2. Mother and son or stepson;
   3. Brother and sister of the whole blood or the half blood;
   4. Grandparent and grandchild;
   5. Aunt and nephew; or
   6. Uncle and niece

      shall be punished by imprisonment for not less than one nor more than three years.

2. Marriages declared to be unlawful under subsection (a) of this Code section shall be void from their inception.

(Cobb's 1851 Digest, p. 814; Code 1863, §§ 1655, 4418; Code 1868, §§ 1699, 4459; Code 1873, §§ 1700, 4533; Code 1882, §§ 1700, 4533; Ga. L. 1886, p. 30, § 1; Civil Code 1895, § 2413; Penal Code 1895, § 380; Civil Code 1910, § 2932; Penal Code 1910, § 371; Ga. L. 1916, p. 51, § 2; Code 1933, §§ 26-5702, 53-105; Code 1933, § 26-9905, enacted by Ga. L. 1968, p. 1249, § 1.)

Cross references.

- Incest, § 16-6-22.

JUDICIAL DECISIONS

Man who marries mother of illegitimate daughter becomes stepfather of such child. Lipham v. State, 125 Ga. 52, 53 S.E. 817 (1906); Nephew v. State, 5 Ga. App. 841, 63 S.E. 930 (1909).

Marriage to sister of former wife did not violate O.C.G.A. § 19-3-3 since there was no blood relationship between the man and his wife. Bennett v. Bennett, 162 Ga. App. 311, 290 S.E.2d 206 (1982), cert. vacated, 250 Ga. 20, 296 S.E.2d 57 (1982).

Power of court to enjoin harassment.

- Regardless of whether an order was denominated a family violence order, it was within the power and authority of the superior court, after hearing the evidence of the mother's conduct, to enjoin her from approaching or harassing the father and his family. Ganny v. Ganny, 238 Ga. App. 123, 518 S.E.2d 148 (1999).

Cited in Hargroves v. State, 179 Ga. 722, 177 S.E. 561 (1934); Christopher v. Christopher, 198 Ga. 361, 31 S.E.2d 818 (1944); Moss v. Moss, 135 Ga. App. 401, 218 S.E.2d 93 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Marriage between first cousins not being prohibited, such marriage is legal and proper in this state. 1965-66 Op. Att'y Gen. No. 65-107.

Third cousins may legally marry in Georgia. 1954-56 Op. Att'y Gen. p. 157.

RESEARCH REFERENCES

Am. Jur. 2d.

- 52 Am. Jur. 2d, Marriage, §§ 3, 9.

1D Am. Jur. Pleading and Practice Forms, Annulment of Marriage, § 35 et seq.

C.J.S.

- 42 C.J.S., Incest, § 8 et seq. 55 C.J.S., Marriage, § 16.

ALR.

- Relationship created by adoption as within statute prohibiting marriage between parties in specified relationships, or statute regarding incest, 151 A.L.R. 1146.

Sexual intercourse between persons related by half blood as incest, 34 A.L.R.5th 723.

Download our app to see the most-to-date content.