Printable Format23-2503. Incestuous marriages void. All marriages between parents and children, including grandparents and grandchildren of any degree, between brothers and sisters of the one half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins, are declared to be incestuous and absolutely void.
History: L. 1867, ch. 84, § 2; G.S. 1868, ch. 61, § 2; R.S. 1923, 23-102; L. 1985, ch. 114, § 21; July 1.
Source or Prior Law:
23-102.
Law Review and Bar Journal References:
Illegitimacy in Kansas, Donald W. Vasos, 14 K.L.R. 473, 475 (1966).
Alimony termination after a voidable marriage, Myron Hausheer, 12 W.L.J. 391 (1973).
"In the Best Interests of the Divided Family: An Analysis of the 1982 Amendments to the Kansas Divorce Code," Nancy G. Maxwell, 22 W.L.J. 177, 188 (1983).
"Common Law Marriage: Civil Contract or 'Carnal Commerce'," Mary D. Feighny, 70 J.K.B.A. No. 4, 20 (2001).
CASE ANNOTATIONS
1. Section cited in considering marriages within six months after divorce. Conn v. Conn, 2 Kan. App. 419, 425, 42 P.2d 1006.
2. Marriages in violation of this section absolutely void. Browning v. Browning, 89 Kan. 98, 101, 130 P. 852.
3. Section cited in considering "blood relatives." Kloss v. American Yeomen, 105 Kan. 711, 712, 185 P. 1058.
4. Cited; marriage in violation of K.S.A. 23-120 is not void. In re Estate of Tuggle, 164 Kan. 675, 679, 681, 192 P.2d 181.
5. Marriage between first cousins valid in Kansas if valid where celebrated and not odious to public policy nor evasive. In re Estate of Loughmiller, 229 Kan. 584, 585, 590, 629 P.2d 156 (1981).