Legal Question in Family Law in Kentucky
Family or Criminal Law?
A married B and had baby C. B got a visectomy.
A got pregnant by 1/2 1st cousin D (common blood relative is their grandmother; A & D's fathers are 1/2 brothers). A & D now have baby E.
A & B have filed for divorce.
In Ky., I know it is against the law for A & D to marry.
My question is, isn't what A & D have done incest & what, if anything can be done about this situation and by whom?
1 Answer from Attorneys
Re: Family or Criminal Law?
Actually, the crime of incest has not been committed in your scenario. KRS 530.020 states: "A person is guilty of incest when he or she has sexual intercourse or deviate sexual intercourse, as defined in KRS 510.010, with a person whom he or she knows to be an ancestor, descendant, brother, or sister. The relationships referred to herein include blood relationships of either the whole or half blood without regard to legitimacy, relationship of parent and child by adoption, and relationship of stepparent and stepchild."
Criminal incest does not include sex between cousins. A "marriage" between A and D would be "incestuous" and void per KRS 402.010. This, however, does not create the crime of incest.
So, nothing can be done about the situation in the sense that I believe you mean. The situation does raise the issue of parentage and child support since B would be a legal father of D and E if born during the marriage and so has certain rights regarding those children.