All marriages between relations and children, including grandparents and grandchildren of all degrees; between brothers and sisters of full blood or of half blood; between uncles and nieces; and between aunts and nephews are declared incestuous and absolutely void.
History: Laws 1876, ch. 31, § 1; C.L. 1884, § 992; C.L. 1897, § 1425; Code 1915, § 3430; C.S. 1929, § 87-106; 1941 Comp., § 65-107; 1953 Comp., § 57-1-7; 2013, ch. 144, § 5.
Compiler's notes. — Prior to Comp. Laws 1884, this section contained the words "and first cousins" following the word "nephews." Those words were deleted to accord with Laws 1880, ch. 37, § 1, which repealed "such parts of all laws as prohibit the marriage of cousins of any degree."
The 2013 amendment, effective June 14, 2013, defined incestuous marriages, added the title of the section; at the beginning of the section, deleted "Sec. 6"; after "children, including", deleted "grandfathers" and added "grandparents"; after "all degrees; between", deleted "half"; after "brothers and sisters", deleted "as also"; after "of full blood", added "or of half blood"; after "uncles and nieces" added "and between"; and deleted the former second sentence, which extended the section to illegitimate children to legitimize them.
Marriage valid where celebrated. — New Mexico's public policy against incest did not preclude the district court from awarding a mother primary physical custody of her children, after taking into account her plans to marry her uncle, where that choice was in the best interests of the children, and mother and uncle intended to reside in California. Leszinske v. Poole, 1990-NMCA-088, 110 N.M. 663, 798 P.2d 1049, cert. denied, 110 N.M. 533, 797 P.2d 983.
Law reviews. — For article, "Annulment of Marriages in New Mexico: Part II - Proposed Statute," see 2 Nat. Resources J. 270 (1962).
For article, "New Mexico's 1969 Criminal Abortion Law," see 10 Nat. Resources J. 591 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 41 Am. Jur. 2d Incest §§ 1, 7.
Incestuous marriage, attack after death of party, 47 A.L.R.2d 1393.
55 C.J.S. Marriage § 16.
Structure 2021 New Mexico Statutes
Article 1 - Marriage in General
Section 40-1-1 - [Marriage is civil contract requiring consent of parties.]
Section 40-1-2 - Marriages solemnized; ordained clergy or civil magistrates may solemnize.
Section 40-1-3 - Ceremony by religious society.
Section 40-1-4 - [Lawful marriages without the state recognized.]
Section 40-1-6 - Restrictions on marriage of minors.
Section 40-1-7 - Incestuous marriages.
Section 40-1-9 - Prohibited marriages.
Section 40-1-10 - License required; county clerk.
Section 40-1-11 - Fees; disposition.
Section 40-1-14 - Production of license and proof of legal qualifications.
Section 40-1-15 - Certification of marriage; recording and indexing.
Section 40-1-16 - Application of law.
Section 40-1-17 - Uniform use form.
Section 40-1-18 - Form of application, license and certificate.
Section 40-1-19 - Offenses; penalties.
Section 40-1-20 - [Marriages without license in 1905 validated.]