Is It Illegal to Marry Your Cousin? 2026 State Laws

Whether it’s illegal to marry your cousin depends entirely on which state you’re in. There is no federal law banning cousin marriage. Each state sets its own rules, and they vary wildly.

Right now, 19 states plus Washington DC allow first cousin marriage with no restrictions. Another 6 states permit it under specific conditions. The remaining 25 states ban it outright. That patchwork creates real confusion for people.

Here’s what surprises most people: cousin marriage was common in America until the mid-1800s. Several US presidents married their cousins. The bans came from eugenics movements, not ancient tradition.

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This guide breaks down exactly which states allow cousin marriage, which ban it, what penalties you face for breaking the law, and what exceptions exist. You’ll get clear answers with specific state statutes, not vague generalities.

Is It Illegal to Marry Your Cousin

Marrying your cousin is illegal in 25 US states as of 2026, but legal in 19 states plus Washington DC, and conditionally legal in 6 states. No federal law addresses cousin marriage, so state law controls entirely.

The states that ban cousin marriage treat it as a void marriage. That means the marriage is legally invalid from the start. In some states, attempting to marry your cousin can result in criminal charges, fines, or both.

States that allow cousin marriage issue standard marriage licenses to first cousins just like any other couple. The county clerk has no legal basis to refuse. States with conditional permission require things like genetic counseling or proof that one partner cannot have children.

The distinction between first cousins and more distant relatives matters enormously. All states allow marriage between second cousins. Most allow marriage between first cousins once removed. The bans target full first cousins specifically.

Quick Fact: If you share grandparents with someone, they’re your first cousin. If you share great-grandparents, they’re your second cousin.

Is It Legal to Marry Your First Cousin

First cousin marriage is legal in 19 states and Washington DC with no restrictions whatsoever. Six additional states allow it under specific conditions like age requirements or genetic counseling.

First cousins share one set of grandparents. This makes them more closely related than second cousins but less closely related than siblings. The genetic overlap between first cousins is approximately 12.5%, compared to 50% for siblings.

States allowing unrestricted first cousin marriage include:

• Alabama
• California
• Colorado
• Connecticut
• Florida
• Georgia
• Hawaii
• Maryland
• Massachusetts
• New Jersey
• New Mexico
• New York
• Rhode Island
• South Carolina
• Tennessee
• Vermont
• Virginia
• Washington DC

The states with conditions typically require couples to meet age thresholds or provide evidence of sterility. Arizona, for example, requires both parties to be 65 or older, or to prove one is infertile. Illinois requires genetic counseling for cousins under 50.

Key Takeaway: First cousin marriage is legal in roughly half the country. The other half treats it as either void or criminal. Know your state’s specific law before proceeding.

What States Is It Legal to Marry Your Cousin

Twenty five jurisdictions allow first cousin marriage, including 19 states, Washington DC, and 5 additional states with conditions. Here’s the complete breakdown as of 2026.

States where first cousin marriage is fully legal:

States with conditional legality:

Arizona allows it if both parties are 65+ or one is infertile. Illinois permits it if both are 50+ or one is infertile. Indiana allows it if both are at least 65. Maine requires genetic counseling. Utah allows it if both are 65+ or 55+ with proof of infertility. Wisconsin requires the woman to be 55+ or one party to be infertile.

North Carolina occupies a unique position. It allows first cousin marriage but prohibits double first cousin marriage. Double first cousins share both sets of grandparents because their parents were siblings who married siblings.

What States Is It Illegal to Marry Your Cousin

First cousin marriage is prohibited in 25 states as of 2026. These states treat cousin marriage as either void, voidable, or criminal depending on the specific statute.

Most of these states simply void the marriage without additional criminal penalties. A void marriage means it never legally existed. However, some states go further. Texas classifies cousin marriage as potential felony conduct. West Virginia makes it a misdemeanor.

The practical effect of a void marriage is significant. You cannot inherit from a void spouse. You have no marital property rights. Insurance benefits for spouses won’t apply.

Where Is It Legal to Marry Your Cousin

First cousin marriage is legal throughout much of the Eastern seaboard, parts of the South, and the West Coast. The geographic pattern reflects historical settlement patterns and religious influences.

The Northeast cluster includes New York, New Jersey, Connecticut, Massachusetts, Rhode Island, and Vermont. These states never enacted cousin marriage bans. Their laws trace back to English common law, which permitted cousin marriage.

The Southern states with legal cousin marriage include Alabama, Florida, Georgia, South Carolina, Tennessee, and Virginia. These states maintained traditional English marriage law despite the eugenics movement that swept other regions.

Western states with legal cousin marriage include California, Colorado, Hawaii, and New Mexico. California’s large population means millions of Americans can legally marry their first cousins.

Geographic pattern:

• Legal: Coastal states, traditional settlement areas
• Illegal: Midwest, Plains states, some Mountain states
• Conditional: Scattered (Arizona, Illinois, Indiana, Maine, Utah)

The conditional states form an interesting pattern. They attempted to balance historical practice with genetic concerns by creating age or fertility restrictions. A 65 year old couple poses minimal genetic risk to offspring, making the exception practical.

Washington DC follows the legal model, making cousin marriage permissible in the nation’s capital. This matters because federal employees from various states may establish residence there.

Key Takeaway: If you live on either coast, cousin marriage is more likely legal. Midwest and Plains states predominantly ban it. Always verify your specific state’s current statute before planning.

Is It Legal to Marry Your Cousin in Alabama

Yes, first cousin marriage is completely legal in Alabama with no restrictions. Alabama Family Code Section 30-1-3 does not include first cousins in the prohibited degrees of kinship.

Alabama’s law prohibits marriage between ancestors and descendants, siblings (whole or half blood), and aunts/uncles with nieces/nephews. First cousins fall outside these prohibited categories. The county probate judge who issues marriage licenses cannot legally deny one to first cousins.

The history here matters. Alabama maintained English common law traditions regarding marriage. English law never prohibited cousin marriage, and Alabama saw no reason to change that when drafting its own statutes.

Some people confuse Alabama’s reputation for conservative social policies with restrictive marriage laws. In reality, Alabama has among the most permissive cousin marriage laws in the country. The state requires no genetic counseling, no age restrictions, and no fertility proof.

Alabama cousin marriage facts:

• Legal status: Fully permitted
• Restrictions: None
• Required documentation: Standard marriage license only
• Criminal penalties: None
• Statute: Alabama Code Section 30-1-3

If you’re an Alabama resident considering marriage to a first cousin, the legal process is identical to any other marriage. Apply for a license at your county probate office, wait the required period, and complete the ceremony with an authorized officiant.

Is It Legal to Marry Your Cousin in Texas

No, first cousin marriage is illegal in Texas. Texas Family Code Section 6.201 explicitly prohibits marriage between first cousins and makes such marriages void from the start.

Texas takes cousin marriage seriously. The state’s consanguinity laws are among the strictest in the country. A marriage between first cousins in Texas has no legal validity. It’s as if the marriage never happened, regardless of any ceremony performed.

The Texas approach goes beyond simply voiding marriages. Under Texas Penal Code Section 25.02, prohibited marriages can trigger criminal liability. The statute addresses prohibited sexual conduct between close relatives, which can include first cousins depending on circumstances.

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The penalties can be severe. Prohibited sexual conduct is a second degree felony in some cases, carrying 2 to 20 years in prison. Even if prosecutors don’t pursue felony charges, a Class A misdemeanor for prohibited marriage means up to one year in jail and a $4,000 fine.

Texas specific note: If you married your first cousin in another state where it was legal and then moved to Texas, the marriage may not be recognized. Texas courts have discretion but often refuse recognition of marriages that would have been void if performed in Texas.

Is It Legal to Marry Your Cousin in California

Yes, first cousin marriage is fully legal in California with no restrictions whatsoever. California Family Code Section 2200 lists prohibited marriages, and first cousins are not included.

California’s law prohibits marriage between parents and children, ancestors and descendants, siblings (whole or half), and uncles/aunts with nieces/nephews. Cousins fall outside all these categories. The state treats first cousin marriage identically to marriage between unrelated people.

The practical effect is straightforward. Any county clerk in California must issue a marriage license to first cousins who meet standard requirements (age, mental capacity, not currently married). Refusal would violate state law.

California’s large population makes this significant. With nearly 40 million residents, California has more people legally able to marry their first cousins than most other states combined. Couples from restrictive states sometimes marry in California for this reason.

California cousin marriage quick facts:

• Legal status: Fully permitted
• Restrictions: None
• Required: Standard marriage license
• Recognition: Full marital rights
• Statute: Family Code Section 2200

The state’s permissive approach reflects both its diverse population and its historical legal traditions. California never adopted the eugenics based cousin marriage bans that spread through other states in the early 1900s.

Key Takeaway: Texas and California represent opposite extremes. Texas bans cousin marriage and attaches potential felony penalties. California allows it freely with full marital rights. Know which state’s laws apply to you.

Is It Legal to Marry Your Cousin in Florida

Yes, first cousin marriage is legal in Florida without restrictions. Florida Statutes Section 741.21 defines prohibited marriages and does not include first cousins.

Florida’s approach mirrors other Southern states that maintained English common law traditions. The state prohibits marriages between lineal relatives (parent/child, grandparent/grandchild) and siblings. First cousins are permitted to marry and receive full marital rights.

The marriage process for first cousins in Florida is standard. Apply at any county clerk’s office, provide identification and proof of age, pay the license fee, and wait the three day waiting period (waived if you complete a premarital course). Florida has no residency requirement for marriage licenses.

Florida’s status as a popular destination wedding location means out of state couples sometimes marry there specifically because their home state prohibits cousin marriage. Florida marriages are generally recognized elsewhere, though states like Texas may refuse recognition.

The state issues about 170,000 marriage licenses annually. No statistics exist on how many involve first cousins, but the legal framework makes no distinction. A cousin marriage in Florida carries identical legal weight to any other marriage.

Is It Legal to Marry Your Cousin in Tennessee

Yes, marrying your first cousin is legal in Tennessee with no restrictions. Tennessee Code Section 36-3-101 specifies prohibited marriages and does not include first cousins among them.

Tennessee prohibits marriages between parents and children, grandparents and grandchildren, siblings, aunts/uncles with nieces/nephews, and stepparents with stepchildren. First cousins can marry freely and receive all standard marital rights and protections.

The state’s stance reflects its historical legal traditions from English common law. Tennessee never joined the wave of states that banned cousin marriage during the eugenics movement of the early twentieth century.

Tennessee marriage process for cousins:

• Apply at any county clerk office
• Provide valid identification
• Pay the license fee (varies by county, typically $90 to $100)
• No waiting period
• No blood test required
• Marriage valid immediately when solemnized

Tennessee is notable for having no waiting period between obtaining a license and getting married. Cousins who decide to marry can complete the entire process in a single day if an officiant is available.

The state also does not require residency. Couples from states that ban cousin marriage sometimes travel to Tennessee specifically to marry. The marriage is valid under Tennessee law once properly solemnized.

Why Is It Illegal to Marry Your Cousin

States that ban cousin marriage do so primarily due to genetic concerns about offspring and historical eugenics movements rather than religious prohibitions. The bans emerged mostly between 1860 and 1920.

The genetic argument centers on recessive genetic disorders. When closely related people have children, there’s a higher chance both parents carry the same recessive gene mutations. Children who inherit two copies of harmful recessive mutations may develop genetic disorders.

However, the actual risk is lower than many assume. Children of first cousins have approximately a 4 to 7 percent chance of birth defects, compared to 2 to 3 percent for the general population. This is roughly the same additional risk as a woman having children after age 40.

The eugenics movement had significant influence on these laws. Between 1860 and 1920, many states adopted laws targeting “genetic fitness.” These laws also included forced sterilization and anti-miscegenation statutes. Many have been repealed. Cousin marriage bans largely remained.

Why some states kept the bans:

• Legislative inertia (no pressure to change)
• Social stigma making repeal politically difficult
• Genuine genetic concern from constituents
• Religious influence in some regions

Religious law varies on cousin marriage. Neither Christianity nor most Protestant denominations prohibit it. Catholic canon law permits it with dispensation. Islam permits it. Judaism permits it. Hindu traditions vary. The bans are secular legal creations, not religious mandates.

Penalties for Marrying Your Cousin

Penalties for cousin marriage vary dramatically by state, ranging from simple marriage voidance to felony criminal charges with potential prison time.

The most common penalty is that the marriage is declared void. This means legally the marriage never existed. You gain no inheritance rights, no marital property protections, no spousal benefits. It’s as if you never married at all.

Some states add criminal penalties on top of void marriages:

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The criminal charges typically arise under incest statutes or prohibited marriage laws. Not all states that void cousin marriages pursue criminal charges. Prosecutors have discretion, and many consider cousin marriage cases low priority.

Financial consequences matter too. If you divorce a spouse you couldn’t legally marry, standard divorce property division doesn’t apply. Community property rules may not protect you. Spousal support isn’t available for void marriages.

Key Takeaway: Most states simply void cousin marriages without criminal prosecution. However, Texas, Oklahoma, and a few others can pursue felony charges. Know your state’s full penalty structure, not just whether marriage is allowed.

Cousin Marriage Exceptions by State

Six states allow first cousin marriage only under specific conditions, creating exceptions for couples who meet age, fertility, or counseling requirements.

Arizona:
First cousins can marry if both are 65 years or older. Alternatively, one party can provide evidence of infertility at any age. The logic is that older couples or infertile couples won’t have children, eliminating genetic concerns.

Illinois:
Cousins can marry if both are 50 or older, or if one provides a physician’s certificate of permanent infertility. Illinois also requires genetic counseling for cousins under 50 who can show infertility.

Indiana:
Both parties must be at least 65 years old. No fertility exception exists. Indiana has the strictest age requirement of the conditional states.

Maine:
Requires genetic counseling from a licensed physician. No age or fertility requirement exists. After counseling, cousins of any age can marry. Maine focuses on informed consent rather than blanket restrictions.

Utah:
Both must be 65 or older, OR both must be 55 or older with court verification that one is permanently infertile. Utah’s provision is detailed in Utah Code Section 30-1-1.

Wisconsin:
The woman must be at least 55 years old, OR one party must be permanently infertile with medical documentation. Wisconsin’s focus on the woman’s age relates to reproductive capacity.

These exceptions demonstrate legislative attempts to balance tradition, genetic concerns, and individual rights. They acknowledge that the genetic rationale for bans doesn’t apply when children aren’t possible.

Is It Against the Law to Marry Your First Cousin

Whether marrying your first cousin violates the law depends entirely on state jurisdiction. In 25 states it is against the law. In 19 states plus DC it is legal. In 6 states it’s permitted with conditions.

The phrase “against the law” is important. In states where cousin marriage is illegal, attempting it doesn’t just result in an invalid marriage. It means you’ve violated a state statute. That violation can have consequences beyond the marriage itself.

In strict states like Texas, the conduct associated with cousin marriage can constitute a felony. You don’t need to obtain a marriage certificate. The relationship itself can trigger criminal liability under prohibited sexual conduct statutes.

What “against the law” actually means:

• Marriage license denied or invalidated
• Any ceremony has no legal effect
• Potential criminal charges depending on state
• No marital rights, property protections, or benefits
• Children may face complicated inheritance issues

In permissive states, marrying your first cousin is absolutely not against the law. The county clerk must issue your license. The state must recognize your marriage. You receive identical rights to any married couple.

The conditional states occupy middle ground. Marrying your cousin isn’t against the law if you meet the conditions. It becomes illegal if you attempt to circumvent the restrictions through false documentation or misrepresentation.

Think of it like driving. Going 75 mph might be legal in Texas and illegal in New Jersey. The act itself isn’t inherently criminal. The jurisdiction determines legality. Cousin marriage works the same way.

Frequently Asked Questions

Can you go to jail for marrying your cousin?

Yes, in some states you can face criminal charges and jail time.
Texas treats certain cousin relationships as potential felonies with up to 20 years imprisonment.
West Virginia and Kentucky have misdemeanor penalties including up to one year in jail.
Most states simply void the marriage without criminal prosecution.

What happens if you marry your cousin in a state where it’s illegal?

The marriage is void, meaning it legally never existed.
You receive no marital rights, property protections, or inheritance rights.
Some states may pursue criminal charges depending on circumstances.
Any ceremony you had carries no legal weight whatsoever.

Is marrying a second cousin legal everywhere?

Yes, second cousin marriage is legal in all 50 states without restrictions.
Second cousins share great grandparents rather than grandparents.
No state has ever prohibited second cousin marriage.
The genetic relationship is considered too distant to warrant restriction.

Do states recognize cousin marriages from other states?

Recognition varies by state and legal circumstances.
Most states recognize valid marriages from other states under full faith and credit.
However, some states like Texas may refuse to recognize marriages that would be void under their laws.
Courts have discretion in these interstate recognition cases.

Can first cousins once removed legally marry?

First cousins once removed can legally marry in most states.
This relationship means one person is the first cousin of the other person’s parent.
The genetic relationship is more distant than first cousins.
Only a handful of states restrict marriage to cousins once removed.

Cousin marriage laws reveal how much state law varies across America. What’s a felony in one state is completely legal next door. This guide gives you the specific information needed to understand your state’s position.

Bookmark this page for reference. Share it with anyone asking the same question. Laws can change, but as of 2026, these statutes represent the current legal reality across all 50 states.

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