For the purpose of section 2-302, cousin or double cousin does not include persons whose relationship is created solely by adoption. If it necessary to open and examine the record of any adoption proceeding in the state to ascertain that a relationship of cousin or double cousin is created solely by adoption, then an application may be made to the circuit court that held the adoption proceeding, by the clerk of the county commission seeking to issue the marriage license, or either party applying for the license, to open the record and cause it to be examined. Upon such application, the judge shall examine the record confidentially and report to the clerk whether the record discloses any consanguinity prohibited by this section and may grant such other relief prayed for which may be proper under article 22 of this chapter.
Structure West Virginia Code
Chapter 48. Domestic Relations
§48-2-101. Necessity of Marriage License
§48-2-104. Contents of the Application for a Marriage License
§48-2-105. Execution of the Application for a Marriage License
§48-2-107. Recording an Application for a Marriage License
§48-2-201. Form of Marriage License
§48-2-203. Register of Marriages
§48-2-204. Record of Marriage Celebrated Outside of State
§48-2-301. Age of Consent for Marriage; Exception
§48-2-302. Prohibition Against Marriage of Persons Related Within Certain Degrees
§48-2-303. Prohibition Against Marriage Not to Include Persons Related by Adoption
§48-2-401. Persons Authorized to Perform Marriages
§48-2-403. Ritual for Ceremony of Marriage by a Religious Representative
§48-2-404. Ritual for Ceremony of Marriage by a Judge or Justice
§48-2-405. Record of Marriage to Be Kept by Person Officiating
§48-2-406. Federal Judges Authorized to Perform Marriages
§48-2-501. Unlawful Acts by Clerk of the County Commission; Penalties
§48-2-502. Issuing Marriage License Contrary to Law; Penalty
§48-2-503. Consanguineous Marriage; Penalty
§48-2-504. Failure to Endorse and Return License; Penalties
§48-2-505. Unlawful Solicitation of a Celebration of Marriage
§48-2-601. Belief of Parties in Lawful Marriage Validates Certain Defects
§48-2-602. Marriage Out of State to Evade Law
§48-2-603. Certain Acts, Records, and Proceedings Not to Be Given Effect in This State