Alabama – Incestuous Marriages Are Legal If the Couple Is Over 65
Alabama has no shortage of strange and outdated laws, but one of the most eyebrow-raising is that incestuous marriages are legal—as long as both individuals are over the age of 65. While incest laws exist in nearly every U.S. state, Alabama’s version has a peculiar exception that leaves many people baffled.
The Law Explained
Alabama law generally prohibits incestuous relationships, which include marriages or sexual relationships between closely related family members such as siblings, parents, children, aunts, uncles, and first cousins. However, there is a unique loophole:
📜 Alabama Code Title 30, Section 30-1-3 states that incestuous marriages are void… unless both individuals are over the age of 65.
In other words, if two closely related individuals decide to get married after reaching 65, the law does not prevent them from doing so.
The Origins of the Law
The reasoning behind this exception is not entirely clear, but legal experts and historians believe it may be related to concerns about inheritance, legal rights, and reproduction. Since most people over 65 are past childbearing age, lawmakers may have seen less of a need to regulate these relationships.
The law may also stem from estate planning concerns—allowing elderly family members to legally marry could help in situations where inheritance laws, tax benefits, or end-of-life decision-making are involved.
However, despite this exception, incestuous relationships remain taboo in most of the U.S., and Alabama’s law has sparked debates about ethics, genetics, and outdated legal codes.
Is the Law Still in Effect Today?
Yes, this law is still technically in effect, meaning that two closely related individuals over 65 could legally marry in Alabama. However, such cases are exceedingly rare, and the law has largely been overlooked in modern times.
Additionally, while the law does not criminalize incestuous marriages for seniors, social and moral opposition remains strong. Most people are unaware of this loophole, and few—if any—have tried to use it in recent years.
What This Means for You
While this law is one of Alabama’s most bizarre legal oddities, it has little impact on daily life. However, it serves as yet another example of how old, outdated laws can remain on the books for decades—even when they seem impractical or unnecessary.
Whether Alabama lawmakers will eventually remove or revise this law remains to be seen, but until then, it remains one of the strangest marriage laws in the U.S.
