Is It Legal to Marry Your Second Cousin? 2026 Laws

Yes, it is legal to marry your second cousin in all 50 US states. No state has ever passed a law banning second cousin marriage, and no federal statute restricts it either.

The confusion around this topic comes from people mixing up second cousins with first cousins. First cousin marriage is restricted or banned in about half the states. Second cousin marriage is not restricted anywhere. That single distinction matters enormously.

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Many people search this question expecting bad news. This guide gives you the clear legal answer, explains exactly how second cousins are defined under law, shows where the first cousin restrictions actually fall, and covers the practical questions about recognition, children, and penalties for marrying a prohibited relative.

Is It Legal to Marry Your Second Cousin

Marrying your second cousin is legal in all 50 US states, the District of Columbia, and all US territories. No American jurisdiction has ever enacted a prohibition on second cousin marriage.

US marriage law prohibits marriages between people within certain “prohibited degrees of relationship.” Those prohibitions consistently cover parent-child, sibling, grandparent-grandchild, aunt/uncle-niece/nephew, and in many states, first cousins. Second cousins fall outside every state’s prohibited degrees list.

The reason second cousins are universally permitted is the degree of genetic relatedness. Second cousins share great-grandparents, not grandparents. They are separated by four degrees of kinship, a distance at which the law recognizes no meaningful basis for prohibition.

For a couple considering marriage, the practical takeaway is that a second cousin marriage in any US state will be processed through the marriage license clerk like any other legal marriage. No additional documentation, proof of relationship, or waiver is required.

Quick Facts:

• Legal in: all 50 states, DC, and US territories
• No state has ever banned: second cousin marriage at any point in US history
• Prohibited degree threshold: second cousins fall outside every state’s restriction
• Marriage license process: identical to any other non-prohibited marriage
• Federal law: no restriction on second cousin marriage

Is It Illegal to Marry Your Second Cousin

No, it is not illegal to marry your second cousin anywhere in the United States. No US state classifies second cousin marriage as a prohibited degree of consanguinity, and no statute in any jurisdiction criminalizes the act.

The legal framework that governs prohibited marriages in every state identifies specific family relationships that fall within the banned degrees. Those relationships are defined by how many generations separate the two individuals from a common ancestor. Second cousins share a common great-grandparent, placing them at four degrees of separation.

State incest statutes, which define criminal penalties for sexual or marital relationships between close relatives, stop well short of second cousins. The typical incest statute covers parents, siblings, grandparents, and in some states aunts, uncles, and first cousins. No state has extended this framework to second cousins.

The confusion many people feel likely stems from a general cultural discomfort with the idea of marrying any cousin. Legally, though, the difference between a first cousin and a second cousin is enormous. One relationship can be criminal in some states. The other has zero legal restrictions.

Is It Legal to Marry a Second Cousin

Yes, marrying a second cousin is legal in every American jurisdiction. This holds true regardless of gender, age (above the legal minimum), or the couple’s home state.

The legal authorization for second cousin marriage comes from the absence of any prohibition rather than from a specific statute allowing it. Marriage law works on a restriction model: state statutes list the relationships that are prohibited, and anything not on that list is permitted. Second cousins have never appeared on any state’s prohibited list.

Some states define their prohibited degrees using specific relationship labels. California Family Code Section 2200, for example, lists “parents and children, ancestors and descendants of every degree, brothers and sisters of the half as well as the whole blood, and uncles and nieces or aunts and nephews.” Second cousins are not included.

Other states use a numerical degree system. If a state prohibits marriages between people related within a certain number of degrees, second cousins fall outside the count because they are at a greater degree of separation than the statutory threshold.

Quick Facts:

• California: Family Code 2200 does not list second cousins as prohibited
• Texas: Family Code 6.201 restricts first cousins in some readings but not second
• New York: Domestic Relations Law Section 5 does not restrict second cousins
• Florida: Statute 741.21 does not include second cousins in prohibited relationships
• All states: second cousins are outside every defined prohibition

Can You Legally Marry Your Second Cousin

You can legally marry your second cousin in every US state without any special permission, waiver, or documentation beyond what a normal marriage license requires. The marriage license process does not distinguish between applicants who are second cousins and applicants who are unrelated.

Marriage license applications in most states do not ask whether the applicants are second cousins. The standard consanguinity question on a marriage license application asks whether the applicants are related within the prohibited degrees. Since second cousins are not within those degrees, the honest answer is “no” or “not within the prohibited degree.”

Some states require applicants to affirm that they are not related within the prohibited degree by signing a statement. That affirmation is truthful for second cousins because the law does not prohibit their marriage. No perjury or fraud issue arises from a second cousin accurately answering that they are not in a prohibited relationship.

The marriage license clerk has no authority to deny a license to second cousins on the basis of their relationship. Any such denial would be without legal basis and could be challenged as a violation of the applicants’ marriage rights.

Key Takeaway: Second cousin marriage is legal in every US state, and no state has ever placed it within the prohibited degrees of consanguinity. The distinction between first cousins and second cousins is the entire legal ballgame: first cousin laws vary by state, second cousin laws are uniform nationwide.

Is Marrying a Second Cousin Legal in All States

Marrying a second cousin is legal in all 50 states, the District of Columbia, and every US territory. There are no exceptions, no conditions, and no state-specific variations for second cousin marriage.

This uniform legality across every state stands in sharp contrast to first cousin marriage, which is one of the most varied areas of marriage law in the country. Approximately 25 states ban first cousin marriage entirely, about 6 states permit it with conditions such as age thresholds or genetic counseling requirements, and the remainder permit it without restrictions.

The clarity of second cousin legality exists because the legal concept of prohibited degrees was developed with biological and historical considerations in mind. At the second cousin level, the shared genetic material is approximately 3.125%, compared to approximately 12.5% for first cousins. Lawmakers and courts have never found a policy basis for extending prohibitions to that level of genetic distance.

No legal challenge to second cousin marriage has ever succeeded in any US court. No state legislature has introduced a bill to ban second cousin marriage. The legal record on this question is entirely one-sided.

What Is a Second Cousin Legally

A second cousin is a person with whom you share a common great-grandparent but not a common grandparent. Legally, this places the relationship at a degree of kinship that no US state treats as a prohibited marital relationship.

The legal definition of cousin relationships follows the same framework used in genealogy. First cousins share grandparents. Their parents are siblings. Second cousins share great-grandparents. Their parents are first cousins. Third cousins share great-great-grandparents.

People frequently confuse “second cousin” with “first cousin once removed.” Those are different relationships. Your first cousin once removed is the child of your first cousin, or conversely, your parent’s first cousin. The “once removed” describes a generational gap within the same line. This distinction matters because some states restrict first cousins but not first cousins once removed, creating a legal gray zone that does not exist for true second cousins.

Think of it like floors in an apartment building. Siblings are on the same floor with the same parents. First cousins are one floor apart. Second cousins are two floors apart. The farther apart the floors, the fewer legal restrictions apply.

Family relationship breakdown:

• Siblings: same parents
• First cousins: same grandparents, different parents
• First cousins once removed: one generation apart from first cousin relationship
• Second cousins: same great-grandparents, different grandparents
• Second cousins once removed: one generation apart from second cousin relationship
• Third cousins: same great-great-grandparents

Is It Legal to Date Your Second Cousin

Dating your second cousin is completely legal in all 50 US states. No state has any law restricting romantic relationships between second cousins, and no dating-specific prohibition has ever been enacted for any cousin relationship at any level.

Marriage law is the closest legal framework that touches cousin relationships, and even first cousin dating is not itself illegal in any state. The laws that restrict first cousin relationships apply only to marriage, not to dating or romantic involvement. For second cousins, neither dating nor marriage is restricted.

The legal distinction between dating and marriage matters here. Some people worry that if marriage between certain relatives is prohibited, dating between those relatives must also be illegal. That is not how family law works. Dating prohibitions simply do not exist in US statutory law for any adult cousin relationship.

The only cousin relationships that carry criminal consequences are those that fall within a state’s incest statute. Those statutes cover parent-child, sibling, and in some states grandparent-grandchild or aunt/uncle-niece/nephew relationships. No state’s incest statute reaches as far as second cousins.

Quick Facts:

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• Dating a second cousin: legal in all 50 states
• No dating prohibition: exists for any cousin relationship at any level
• First cousin dating: also legal in all states (only marriage is restricted in some)
• Incest statutes: do not extend to second cousin relationships in any state
• Criminal risk: zero for second cousin relationships

Second Cousin vs First Cousin Marriage Law

Second cousin marriage is legal in all 50 states, while first cousin marriage is banned or restricted in approximately 25 states. This is the single most important legal distinction people need to understand about cousin marriage law.

The legal treatment of first cousins versus second cousins reflects a bright line in American family law. Legislators have determined that the genetic and social proximity of first cousins justifies restriction in many jurisdictions, while the greater distance of second cousins does not. The same arguments and policy rationales that support first cousin bans have never been applied to second cousins.

First cousin laws break down into three categories across the states: outright bans (about 25 states), conditional permission such as age thresholds, infertility, or genetic counseling (about 6 states), and full permission (about 19 states plus DC). Second cousin law has only one category: full permission everywhere.

Key Takeaway: The confusion between first and second cousin marriage law is the main source of anxiety for people searching this topic. The legal framework treats them as entirely different categories: first cousin marriage is restricted in about half the country, second cousin marriage has zero restrictions anywhere.

Is It Legal to Marry Your First Cousin

Marrying your first cousin is legal in approximately 19 states plus the District of Columbia, restricted with conditions in about 6 states, and completely banned in approximately 25 states. This is a dramatically different legal picture from second cousin marriage.

States that permit first cousin marriage without restrictions include California, New York, Colorado, Alabama, and several others. States that prohibit it include Texas, Ohio, Michigan, Pennsylvania, and many more. A handful of states, including Arizona, Illinois, and Indiana, permit it only under specific conditions.

Arizona allows first cousin marriage only if both parties are 65 or older, or if one can prove to a court that they are incapable of reproducing. Illinois requires both parties to be 50 or older or to present a certificate of genetic counseling. Utah imposes similar age requirements.

The penalties for entering a prohibited first cousin marriage vary by state. In some states, the marriage is simply void, meaning it has no legal effect from the moment it was attempted. In others, the marriage is voidable, meaning it exists until challenged in court. Some states impose criminal penalties for incest that include first cousins.

What States Ban Cousin Marriage

About 25 US states ban first cousin marriage outright. No US state bans second cousin marriage. The distinction between which cousin relationship the ban covers is the critical detail most people miss.

States with complete bans on first cousin marriage include Texas, Florida, Ohio, Michigan, Pennsylvania, Indiana, Washington, Oregon, Nevada, and many others. The specific statutory language varies. Texas Family Code Section 6.201 prohibits marriage between persons who are related as first cousins by blood or adoption. Ohio Revised Code Section 3101.01 similarly lists first cousins among the prohibited relationships.

States with conditional first cousin marriage permissions include Arizona (A.R.S. 25-101), Illinois (750 ILCS 5/212), Utah, and Wisconsin. These states allow first cousins to marry only if they meet age or infertility requirements.

The enforcement mechanism varies. In states where the marriage is “void,” a first cousin marriage has no legal effect and produces no marital rights. In states where it is “voidable,” the marriage exists until someone successfully challenges it in court. A few states treat violation of the cousin marriage ban as a criminal misdemeanor.

States that ban first cousin marriage outright (selected examples):

• Texas: Family Code 6.201
• Ohio: ORC 3101.01
• Florida: Statute 741.21
• Michigan: MCL 551.3
• Pennsylvania: 23 Pa.C.S. 1304
• Indiana: IC 31-11-1-2
• Washington: RCW 26.04.020
• Oregon: ORS 106.020

Is It Legal to Marry Your Cousin in Texas

Marrying your first cousin is prohibited in Texas under Texas Family Code Section 6.201. However, marrying your second cousin is completely legal in Texas with no restrictions.

The Texas statute identifies specific relationships that are prohibited for marriage, including “an ancestor or descendant, by blood or adoption” and “a brother or sister, of the whole or half blood.” While the statute’s treatment of first cousins has been interpreted as prohibitive, no provision extends to second cousins or more distant relatives.

The practical result for Texas residents is clear. If your relationship is truly a second cousin relationship (you share a great-grandparent, not a grandparent), your marriage is legally permitted in Texas without any waiver, counseling, or special process. If your relationship is a first cousin relationship, Texas law prohibits the marriage.

A marriage between first cousins entered into in Texas would be void under Texas law. That means it produces no legal rights, no community property, and no marital benefits from the moment it was attempted. A marriage between second cousins entered into in Texas is fully valid and produces all the legal rights of any other marriage.

Quick Facts:

• Texas first cousin marriage: prohibited under Family Code 6.201
• Texas second cousin marriage: fully legal, no restrictions
• Effect of prohibited marriage: void, produces no legal rights
• Marriage license: second cousins processed normally, no additional requirements
• Penalty: void marriage has no criminal penalty; separate incest statute may apply

Is It Legal to Marry Your Cousin in California

Marrying your first cousin is legal in California under Family Code Section 2200, and marrying your second cousin is also legal. California places no restrictions on marriage between any degree of cousin.

California is one of approximately 19 states that permit first cousin marriage without conditions. The state’s prohibited degree list in Family Code Section 2200 covers “parents and children, ancestors and descendants of every degree, and brothers and sisters of the half as well as the whole blood, and uncles and nieces or aunts and nephews.” First cousins and second cousins are not listed.

This makes California one of the most permissive states in the country for cousin marriage. A first cousin couple from Texas who cannot legally marry there could obtain a valid marriage license in California. Whether their home state of Texas would recognize that marriage depends on Texas law governing recognition of out-of-state marriages.

For second cousins specifically, the California answer is the same as every other state: completely legal, no questions asked, no conditions.

Quick Facts:

• California first cousin marriage: legal, no conditions
• California second cousin marriage: legal, no conditions
• Governing statute: Family Code Section 2200
• Prohibited relationships: parents, children, siblings, aunts/uncles with nieces/nephews
• Cousins of any degree: not on the prohibited list

Key Takeaway: Texas bans first cousin marriage while California permits it, but both states fully permit second cousin marriage. If your relationship is truly at the second cousin level, every state treats you the same: fully legal.

Can Second Cousins Have Children Legally

Yes, second cousins can legally have children together in all 50 US states. No state has any law restricting reproduction between second cousins, and no court has ever imposed such a restriction.

US law does not regulate reproduction between consenting adults based on their degree of genetic relatedness, with the narrow exception of criminal incest statutes that apply to very close relatives such as parents and children or siblings. Second cousins fall far outside the scope of every state’s incest law.

The genetic risk profile for second cousins having children is minimal. Second cousins share approximately 3.125% of their DNA, which places their offspring at a genetic risk level only marginally above that of the general unrelated population. By comparison, the general population baseline risk for genetic disorders in any pregnancy is approximately 3% to 4%, and the increase for second cousin parents is so small that geneticists typically do not flag it as a concern.

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No state requires genetic counseling for second cousin marriages or second cousin reproduction. The states that require genetic counseling for first cousin marriages (like Illinois) do not extend that requirement to second cousins because the genetic risk does not warrant it.

Quick Facts:

• Reproduction: legal for second cousins in all 50 states
• Genetic counseling required: no, not in any state for second cousins
• Shared DNA: approximately 3.125% for second cousins
• Compared to first cousins: 12.5% shared DNA, four times higher
• Criminal law: no incest statute covers second cousin relationships

Is Second Cousin Marriage Recognized in Every State

Yes, a second cousin marriage performed in any US state is recognized as valid in every other US state. There is no state that refuses to recognize a lawful second cousin marriage performed elsewhere.

Marriage recognition across state lines is governed by the Full Faith and Credit Clause of the US Constitution (Article IV, Section 1). States are generally required to recognize marriages validly performed in other states. For second cousin marriages, this principle applies without complication because no state has a public policy objection to second cousin marriage.

The Full Faith and Credit analysis becomes more complex with first cousin marriages. A first cousin marriage legally performed in California, for example, may face recognition challenges in Texas because Texas has a statutory prohibition against such marriages. Whether Texas would recognize the out-of-state first cousin marriage is a contested question that depends on Texas case law and public policy.

For second cousins, none of that complexity exists. Every state permits the marriage. Every state recognizes it. There is no public policy objection anywhere in the country.

Quick Facts:

• Full Faith and Credit: applies to all valid marriages across state lines
• Second cousin recognition: universal across all states, no exceptions
• First cousin recognition: contested in states with first cousin bans
• Public policy objection: does not exist for second cousin marriages in any state
• Practical impact: move freely between states with no effect on marital status

Second Cousin Marriage Laws by State

Second cousin marriage laws are uniform across all US states: it is legal everywhere with no conditions. The variation that exists in cousin marriage law applies exclusively to first cousins, not to second cousins or more distant relatives.

The following table summarizes how key states treat both first and second cousin marriage for easy comparison:

The uniformity of second cousin marriage law across all states is notable because marriage law in general is one of the most state-specific areas of American law. The fact that every single state agrees on the legality of second cousin marriage reflects the strong consensus that this degree of kinship poses no legal or policy concern.

What Is the Penalty for Marrying a Close Relative

The penalty for marrying a close relative within the prohibited degrees varies by state and ranges from the marriage simply being declared void to criminal felony charges. These penalties do not apply to second cousin marriages because second cousins are not within the prohibited degrees in any state.

For relationships that are prohibited, consequences fall into three categories:

Marriage invalidity: In most states, a marriage entered into between prohibited relatives is void or voidable. A void marriage has no legal effect from the start. A voidable marriage exists until challenged successfully in court.

Criminal penalties: Many states classify marriage between certain close relatives as incest, which is a criminal offense. Criminal penalties for incest vary by state:

Civil consequences: A person who enters a prohibited marriage may face civil consequences including loss of inheritance rights, invalidation of benefits claims, and denial of spousal privilege in court proceedings.

None of these penalties have any relevance to second cousin marriages, which are lawful in every state and carry no civil, criminal, or marital invalidity consequence.

Frequently Asked Questions

Is it legal to marry your second cousin in the United States?

Yes, marrying your second cousin is legal in all 50 US states, the District of Columbia, and all US territories.
No state has ever passed a law restricting second cousin marriage.
Second cousins share a great-grandparent and fall outside every state’s prohibited degrees of consanguinity.

What is the difference between a second cousin and a first cousin?

First cousins share grandparents, meaning their parents are siblings.
Second cousins share great-grandparents, meaning their parents are first cousins.
The distinction matters legally because first cousin marriage is banned in about 25 states, while second cousin marriage is legal everywhere.

Do any states prohibit second cousin marriage?

No, not a single US state prohibits second cousin marriage.
The marriage restrictions that exist in approximately 25 states apply exclusively to first cousins, and second cousins are not covered by any of those statutes.
This has been consistent throughout US history, with no state ever proposing or enacting such a restriction.

Can second cousins legally have children together?

Yes, second cousins can legally have children together in all 50 US states.
No state restricts reproduction between second cousins, and no genetic counseling requirement applies to second cousin relationships in any jurisdiction.
The shared DNA between second cousins is approximately 3.125%, which places genetic risk only marginally above the general population baseline.

What happens if you marry a relative you are not legally allowed to marry?

If you marry a relative within the prohibited degrees (such as a sibling or, in some states, a first cousin), the marriage may be declared void or voidable under state law.
Criminal penalties for incest apply in most states and can include felony charges carrying prison sentences of up to 10 years depending on the state and the specific relationship.
These penalties do not apply to second cousin marriages because no state includes second cousins in the prohibited category.

Closing

The legal answer to second cousin marriage could not be clearer: it is legal in all 50 states, no exceptions, no conditions, no penalties. The anxiety people feel about this topic almost always comes from confusing second cousins with first cousins, and the legal difference between those two relationships is enormous.

Save this guide for reference. Whether your situation involves a relationship question, a family discussion, or just curiosity about marriage law, knowing the specific statutes and rules for 2026 puts you ahead of the confusion.

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