Dating your cousin is not illegal anywhere in the United States. No state has a criminal law that punishes two cousins for being in a romantic relationship or going on dates together.
The confusion comes from marriage laws, not dating laws. Many states restrict or ban first cousin marriage, but those restrictions only apply when you try to get a marriage license. Simply dating, being in a relationship, or living together as unmarried partners carries zero legal consequences.
This matters because thousands of Americans search this question every month, often out of genuine worry that they could face arrest or prosecution. The truth is simpler than most people think: the law regulates marriage between cousins in some states, but it never regulates dating.
You’ll learn exactly what the law says about dating first, second, and third cousins, how dating differs from marriage legally, which states have the strictest marriage laws, and what actual criminal penalties exist (spoiler: none for dating). You’ll also get state-specific breakdowns for Alabama, Texas, and other states where the question comes up most often.
Is It Illegal to Date Your Cousin
No, it is not illegal to date your cousin in any U.S. state. Dating, spending time together, or being in a romantic relationship with a cousin does not violate any federal or state criminal law.
Criminal laws that restrict relationships between family members focus on incest, which is defined as sexual activity or marriage between closely related people. These laws typically apply to parents and children, siblings, grandparents and grandchildren, aunts or uncles and nieces or nephews. Cousins are not included in these prohibited categories in any state’s criminal code.
Even in states that ban first cousin marriage, like Texas or Kentucky, the ban only applies to obtaining a marriage license. It does not make dating, cohabitation, or romantic relationships illegal. You can date your cousin openly without risk of arrest, fines, or prosecution.
| Relationship Type | Criminal Prohibition in Any State | Marriage Restriction in Some States |
|---|---|---|
| First Cousins | No | Yes (24 states) |
| Second Cousins | No | No |
| Third Cousins | No | No |
The legal boundary is clear: states regulate who can marry, not who can date.
Is It Legal to Date Your Cousin
Yes, dating your cousin is completely legal in all 50 states. There is no law at the federal, state, or local level that criminalizes romantic relationships between cousins who are not married.
This legality applies regardless of whether you’re dating a first cousin, second cousin, or more distant cousin. It also applies whether you live together, travel together, or have a long-term committed relationship. As long as you don’t attempt to legally marry in a state that prohibits cousin marriage, you face no legal risk.
Some people confuse social stigma with legal prohibition. While some communities or families may disapprove of cousin relationships, personal disapproval is not the same as a law. Legal means you cannot be arrested, charged, fined, or prosecuted for the activity. Dating your cousin meets that standard everywhere in the U.S.
This has been affirmed in multiple state court cases where cousin couples challenged marriage bans. Courts have consistently recognized that dating and cohabitation are constitutionally protected activities, even when marriage is restricted. The right to associate, live with, and date another adult is protected under the Due Process Clause of the Fourteenth Amendment.
Key Takeaway: Dating your cousin is a protected personal freedom in the United States, even in states that restrict cousin marriage.
Can You Date Your Cousin Legally
Yes, you can legally date your cousin in every U.S. jurisdiction without any criminal or civil penalty. The law treats dating as a private, consensual activity between adults that the government does not regulate unless it involves marriage or specific criminal conduct like assault.
This legal protection extends to all types of dating activities: going out in public, living together, traveling, sharing finances, or being in a committed relationship. None of these activities trigger legal consequences as long as both people are adults and the relationship is consensual.
The only legal boundary you might encounter is marriage. If you decide to marry your cousin, you must check the laws in your state. Even then, the restriction applies only to the marriage license process, not to the relationship itself.
Some states that restrict first cousin marriage still allow it under certain conditions, such as if both cousins are over age 65 or if one partner is proven infertile. These exceptions show that even marriage bans are not absolute and are based on outdated concerns about genetic risk rather than morality.
Here’s what you can do legally with a cousin in all states:
- Date and be in a romantic relationship
- Live together as domestic partners
- Share property, finances, or a household
- Travel together and present as a couple
- Introduce each other as partners publicly
None of these actions require legal permission or registration.
Is Cousin Dating a Crime
No, cousin dating is not a crime in any U.S. state. Criminal codes that address familial relationships focus on incest, and incest statutes universally exclude cousins from their definitions.
Incest laws typically apply to sexual activity or marriage between people in a direct lineal relationship (parent and child, grandparent and grandchild) or between siblings. Cousins are collateral relatives, meaning they share a common ancestor but are not in a direct parent-child line. This distinction is critical in legal definitions.
For example, Texas Penal Code Section 25.02 defines incest as sexual intercourse with an ancestor, descendant, sibling, aunt, uncle, niece, or nephew. Cousins are conspicuously absent from this list. The same pattern holds in every other state’s criminal code.
Even in states with the strictest family relationship laws, like Kentucky or West Virginia, criminal penalties apply only to the relationships listed in the statute. Prosecutors cannot charge someone with a crime unless their conduct fits the exact language of a criminal law. Since no state law criminalizes cousin dating, no prosecutor can bring charges.
| State | Incest Statute Reference | Does It Include Cousins? |
|---|---|---|
| Texas | Penal Code § 25.02 | No |
| Alabama | Code § 13A-13-3 | No |
| California | Penal Code § 285 | No |
| New York | Penal Law § 255.25 | No |
| Kentucky | KRS § 530.020 | No |
This table reflects 2026 statutory language and has not changed in recent legislative sessions.
Can You Go to Jail for Dating Your Cousin
No, you cannot go to jail for dating your cousin. There is no criminal statute in any state that imposes jail time, fines, probation, or any other penalty for a consensual romantic relationship between cousins.
Jail time is only possible when someone violates a specific criminal law. Since no law makes cousin dating illegal, there is no legal mechanism to impose a sentence. This applies whether you date a first cousin, second cousin, or any more distant cousin.
People sometimes worry about this because they’ve heard of incest laws, but those laws do not apply to cousins. Incest statutes carry serious penalties, including prison sentences ranging from one year to 20 years depending on the state, but they only apply to the specific relationships listed in the law. Cousins are never on that list.
Even in conservative states with strong family law traditions, like Mississippi or Arkansas, no one has ever been prosecuted for dating a cousin. Court records and legal databases show zero criminal cases where cousin dating itself was the charged offense.
If you’re currently dating your cousin or considering it, you face no risk of arrest, criminal record, or incarceration. The only time legal issues could arise is if you attempt to marry in a state that prohibits cousin marriage, and even then, the penalty is simply denial of a marriage license, not a criminal charge.
Key Takeaway: Dating your cousin carries no criminal penalty, no jail time, and no legal consequences in any U.S. state as of 2026.
Is It Illegal to Date Your First Cousin
No, it is not illegal to date your first cousin anywhere in the United States. While 24 states restrict or prohibit first cousin marriage, none of those states make dating or romantic relationships between first cousins a criminal act.
First cousins share about 12.5% of their DNA because they have one set of grandparents in common. This genetic closeness is why some states restrict marriage, citing concerns about potential offspring. However, those concerns only trigger legal action at the point of marriage, not dating.
You can date your first cousin openly and legally in all 50 states. You can live together, travel, be in a committed relationship, and present yourselves as a couple. The law only steps in if you apply for a marriage license in a state that prohibits it.
The distinction between dating and marriage is not just a legal technicality. It reflects the constitutional principle that the government cannot regulate private, consensual relationships between adults unless there’s a compelling public interest. Courts have ruled that while states can regulate marriage (a legal contract), they cannot ban people from associating, cohabiting, or loving each other.
If you’re dating your first cousin in a state that bans first cousin marriage (like Texas, Kentucky, or Nevada), you have two main options if you want to marry: move to a state that allows it (like California, New York, or Florida) or stay in the relationship without marrying. Many couples choose the latter and live as domestic partners without legal issues.
Is It Illegal to Date Your Second Cousin
No, it is not illegal to date your second cousin. In fact, second cousin relationships are legal for both dating and marriage in all 50 states without restriction.
Second cousins share great-grandparents, meaning they share about 3.125% of their DNA. This is considered genetically distant enough that no state has ever regulated second cousin relationships in any way. You face zero legal barriers whether you date, marry, or have children with a second cousin.
This level of genetic separation is comparable to the general population in many communities. Geneticists and medical researchers agree that second cousin pairings carry no elevated genetic risk compared to unrelated couples. The National Society of Genetic Counselors has stated that second cousins do not require special genetic counseling.
Because of this scientific consensus, lawmakers have never felt the need to regulate second cousin relationships. Unlike first cousin marriage (which faces restrictions in 24 states), second cousin marriage is permitted everywhere, and by extension, dating is entirely legal and unregulated.
| Cousin Type | Shared DNA | Dating Legal | Marriage Legal in All States |
|---|---|---|---|
| First Cousin | 12.5% | Yes | No (restricted in 24 states) |
| Second Cousin | 3.125% | Yes | Yes |
| Third Cousin | 0.78% | Yes | Yes |
If you’re in a second cousin relationship, you have full legal freedom to date, marry, and build a life together without any state interference.
Is It Legal to Date Your Second Cousin
Yes, it is completely legal to date your second cousin in every U.S. state. There are no legal restrictions of any kind on second cousin relationships, whether dating, cohabitation, or marriage.
Second cousins are genetically distant enough that they fall outside the scope of all consanguinity laws. Consanguinity refers to blood relationships, and laws that restrict marriages between blood relatives only apply to close relationships like siblings, parents and children, and in some states, first cousins. Second cousins are not included.
This means you can date your second cousin without checking state laws, worrying about criminal penalties, or facing any legal documentation requirements. You can also marry your second cousin in any state without needing special permission, genetic counseling, or court approval.
Many people don’t even realize when they’re dating a second cousin because the family connection is distant enough that they may not have grown up together or share family events. In small communities or tight-knit ethnic or religious groups, second cousin relationships are actually quite common and socially accepted.
From a legal perspective, your second cousin is treated the same as any other adult you might date. There are no special rules, no restrictions, and no legal hurdles. This has been the case throughout U.S. history and remains unchanged as of 2026.
Is It Illegal to Date Your Third Cousin
No, it is not illegal to date your third cousin. Third cousin relationships are legal for dating, marriage, and any other form of partnership in all 50 states.
Third cousins share great-great-grandparents and only about 0.78% of their DNA. This is such a distant genetic connection that most people don’t even know who their third cousins are. Legally, a third cousin is treated exactly the same as an unrelated person.
No state has any law that mentions third cousins in the context of marriage restrictions, incest prohibitions, or consanguinity rules. You could marry your third cousin tomorrow in any state without restriction, genetic counseling, or special documentation. Dating is obviously legal as well.
Genetically speaking, third cousins are no more related than two random people in the same ethnic group. The genetic diversity between third cousins is equivalent to that of the general population. There is zero scientific or legal rationale for restricting third cousin relationships.
If you discover you’re dating your third cousin, there is no legal issue whatsoever. You can continue the relationship, get married, have children, and face no legal consequences or genetic concerns beyond those that apply to any couple.
In many parts of the world, including rural America, third cousin and more distant cousin marriages are common and have been for centuries. They are legally and socially unproblematic.
Key Takeaway: Second and third cousin relationships are fully legal for both dating and marriage in every U.S. state with no restrictions or requirements.
Dating vs Marrying Your Cousin Laws
Dating your cousin and marrying your cousin are treated completely differently under U.S. law. Dating is legal in all states regardless of cousin type, while marriage faces restrictions in 24 states for first cousins.
The legal difference comes down to marriage being a state-regulated contract, while dating is a private, unregulated relationship. When you apply for a marriage license, the state has the authority to deny it based on consanguinity laws. When you date, the state has no authority to intervene.
This means you can date your first cousin in Texas (which bans first cousin marriage) without any legal issue. But if you try to get a marriage license in Texas, the county clerk will deny your application based on Texas Family Code Section 6.201. You’d need to travel to a state like California or New York, get married there, and return to Texas. Texas would then be required to recognize your out-of-state marriage under the Full Faith and Credit Clause of the Constitution.
Here’s the practical breakdown for first cousins:
Dating:
- Legal in all 50 states
- No registration or permission required
- No criminal penalties
- No legal documentation needed
- Fully private and constitutionally protected
Marriage:
- Legal in 26 states without restriction
- Restricted or banned in 24 states
- May require genetic counseling in 6 states
- May require age or infertility proof in some states
- Requires a valid marriage license
The distinction exists because states have historically claimed an interest in regulating marriage to protect public health, prevent genetic disorders, and define family legal structures. However, courts have ruled that states cannot regulate private relationships, association, or cohabitation between consenting adults, even if those adults are related.
Cousin Dating Laws by State
There are no state-specific cousin dating laws because no state regulates cousin dating. Every state treats cousin dating as a legal, private relationship that the government does not control.
While cousin marriage laws vary widely by state, dating laws do not. You can date your cousin in California, Texas, Alabama, New York, or any other state with the same legal freedom. The legal framework is identical across all 50 states: dating is not a regulated activity.
That said, marriage laws differ significantly. Here’s a breakdown of first cousin marriage laws by state category, which helps clarify where marriage restrictions exist even though dating remains legal everywhere:
| State Category | Number of States | Examples |
|---|---|---|
| First cousin marriage allowed | 19 | California, New York, Florida |
| Allowed with conditions | 7 | Arizona, Illinois, Utah |
| First cousin marriage prohibited | 24 | Texas, Kentucky, Nevada, Mississippi |
| Second cousin marriage allowed | 50 | All states |
Conditions in the seven conditional states typically include:
- Both parties over age 65
- Proof of infertility from one or both partners
- Genetic counseling certification
- Court approval or judicial waiver
These marriage restrictions do not affect dating. Even in the 24 states that prohibit first cousin marriage, you can legally date, live with, and build a life with your first cousin as long as you don’t attempt to obtain a marriage license in that state.
If you live in a state that restricts cousin marriage and want to marry, you can travel to a state that allows it, get legally married there, and return home. Most states recognize valid out-of-state marriages, although a few states have attempted to challenge this through residency requirements or public policy exceptions.
What States Allow Dating Cousins
All 50 states allow dating cousins because no state has a law that prohibits it. The question of which states “allow” cousin dating is based on a misunderstanding: states don’t grant permission for dating because dating is not a regulated activity.
You don’t need a state’s permission to date anyone, including a cousin. Dating is a constitutionally protected form of association and personal freedom. States only regulate relationships when they involve a legal contract (like marriage) or criminal conduct (like assault or exploitation).
If you’re asking which states allow cousin marriage, that’s a different question. But if you’re asking about dating specifically, the answer is universal: every state allows it.
Even the states with the strictest cousin marriage bans (Texas, Kentucky, West Virginia, Mississippi) have no laws, regulations, or ordinances that restrict cousin dating. You can date your first cousin openly in Kentucky, live together in Texas, or travel as a couple in Mississippi without breaking any law.
This is true for:
- First cousins
- Second cousins
- Third cousins
- Half cousins
- Cousins once removed
- Double first cousins
No type of cousin relationship is illegal to date in any state. The legal landscape is completely uniform on this issue.
Is It Legal to Date Your Cousin in Alabama
Yes, it is completely legal to date your cousin in Alabama. Alabama has no law that criminalizes or restricts romantic relationships between cousins who are not married.
Alabama does prohibit first cousin marriage under Alabama Code Section 30-1-3, which lists marriages that are void. First cousins are included in that prohibition. However, the law only applies to marriage licenses, not to dating, cohabitation, or romantic relationships.
You can date your first cousin in Alabama, live together, travel, and maintain a committed relationship without violating any state law. The restriction only becomes relevant if you try to apply for a marriage license at an Alabama county courthouse. The probate judge would deny the application based on the statutory prohibition.
Second cousins and more distant cousins face no marriage restrictions in Alabama. You can both date and marry a second cousin in Alabama without any legal barrier.
Alabama also does not include cousins in its incest statute. Alabama Code Section 13A-13-3 defines incest as marriage or sexual intercourse with a parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, or nephew. Cousins are not listed, meaning even sexual activity between cousins is not criminalized under Alabama law.
| Relationship Type | Dating Legal in Alabama | Marriage Legal in Alabama |
|---|---|---|
| First Cousin | Yes | No |
| Second Cousin | Yes | Yes |
| Third Cousin and beyond | Yes | Yes |
If you’re in Alabama and want to marry your first cousin, you’d need to travel to a neighboring state like Georgia (which allows first cousin marriage), get married there, and return. Alabama would generally recognize the marriage as valid under principles of interstate recognition.
Is It Illegal to Date Your Cousin in Texas
No, it is not illegal to date your cousin in Texas. Texas law does not prohibit romantic relationships or dating between cousins.
Texas does prohibit first cousin marriage under Texas Family Code Section 6.201, which states that a marriage is void if one party is related to the other as an ancestor, descendant, or sibling (whether whole or half blood), or if the parties are related as aunt and nephew, uncle and niece, or first cousins. However, this statute only applies to marriage, not dating.
You can date your first cousin in Texas, live together, share finances, and be in a committed relationship without violating state law. The prohibition is triggered only when you attempt to obtain a marriage license from a Texas county clerk.
Texas also excludes cousins from its incest statute. Texas Penal Code Section 25.02 criminalizes sexual intercourse with a parent, descendant, sibling, aunt, uncle, niece, or nephew. Cousins are not included, meaning there is no criminal penalty for a sexual relationship between cousins in Texas, even though marriage is prohibited.
This distinction shows that Texas lawmakers are concerned with the legal contract of marriage, not with private relationships. The state does not criminalize behavior between cousins; it only restricts their access to marriage licenses.
Second cousins, third cousins, and all more distant cousins can both date and marry in Texas without restriction.
Key Takeaway: Texas prohibits first cousin marriage but does not prohibit cousin dating or impose any criminal penalties on cousin relationships.
Alabama Cousin Dating Laws
Alabama has no cousin dating laws because the state does not regulate dating between cousins. The only Alabama statute that addresses cousin relationships is the marriage prohibition found in Alabama Code Section 30-1-3.
That statute lists relationships for which marriage is void, including marriages between ancestors and descendants, siblings, and first cousins. It does not address dating, cohabitation, or romantic relationships outside of marriage.
Alabama’s incest law, found in Alabama Code Section 13A-13-3, also excludes cousins. The statute makes it a Class C felony to marry or engage in sexual intercourse with certain relatives, but the list of prohibited relationships includes only ancestors, descendants, siblings, aunts, uncles, nieces, and nephews. First cousins, second cousins, and all other cousin types are not mentioned.
This means there is no criminal law in Alabama that applies to cousins who date, live together, or have a sexual relationship. The only legal restriction is on obtaining a marriage license.
If you’re in Alabama and dating your cousin, you face no legal risk. You can live openly as a couple, share a household, and present yourselves as partners. The state has no authority to intervene unless you attempt to marry.
For second cousins and beyond, even the marriage restriction disappears. Alabama allows second cousin marriage without any conditions or requirements.
Many Alabamians are unaware of this distinction and incorrectly believe that dating a cousin is illegal. This misconception likely stems from the marriage ban and from older social taboos that are not reflected in current law.
Texas Cousin Dating Laws
Texas has no cousin dating laws. The state does not regulate romantic relationships, cohabitation, or dating between cousins in any way.
The only Texas statute relevant to cousin relationships is Texas Family Code Section 6.201, which declares certain marriages void, including marriages between first cousins. That statute applies exclusively to marriage and has no effect on dating or private relationships.
Texas Penal Code Section 25.02, the state’s incest statute, criminalizes sexual intercourse between certain relatives but excludes cousins from the list of prohibited relationships. This means that even a sexual relationship between first cousins is not a crime in Texas, despite the fact that first cousin marriage is prohibited.
This legal structure shows that Texas distinguishes between regulating the legal institution of marriage and regulating private behavior. The state claims the authority to deny marriage licenses to first cousins, but it does not claim the authority to criminalize their relationship.
If you’re dating your first cousin in Texas, you are not breaking any law. You can live together, share property, raise children, and function as a couple in every practical sense except legal marriage. Many couples in this situation choose to remain unmarried or travel to another state to marry.
Second cousins and more distant cousins can both date and marry in Texas without restriction. Texas law treats second cousin marriage the same as marriage between unrelated people.
As of 2026, there have been no legislative efforts to change Texas cousin relationship laws. The restrictions on first cousin marriage have been in place since the state’s original family code and are unlikely to change given conservative family law traditions in the state.
Frequently Asked Questions
Can you legally date your first cousin in the United States?
Yes, you can legally date your first cousin in all 50 states.
No state has a law that prohibits dating or romantic relationships between first cousins.
While 24 states restrict first cousin marriage, those restrictions do not apply to dating, living together, or being in a relationship.
What is the difference between dating and marrying a cousin?
Dating is a private, unregulated activity that the government does not control.
Marriage is a legal contract regulated by the state, and some states prohibit or restrict first cousin marriage.
You can legally date your cousin anywhere, but you may not be able to marry them depending on the state.
Are there any states where dating your cousin is a crime?
No, there are no states where dating your cousin is a crime.
Incest laws in all states exclude cousins from the list of prohibited relationships.
Only relationships like parent-child, siblings, and sometimes aunt/uncle with niece/nephew are criminalized.
Do second cousins face any legal restrictions on dating?
No, second cousins face zero legal restrictions on dating or marriage in any state.
Second cousin relationships are treated the same as relationships between unrelated people.
You can date, marry, and have children with a second cousin anywhere in the U.S. without legal barriers.
Can adopted cousins date without legal issues?
Yes, adopted cousins can date and marry without legal issues in most states.
Adoption laws create legal family relationships, but most incest and marriage restriction laws apply only to biological relatives.
Some states may have specific adoption statutes that restrict marriage, but dating remains unregulated.
This article gives you the full legal picture for 2026. Cousin dating is legal everywhere in the U.S., no matter which state you live in or which type of cousin you’re dating.
Marriage laws are a different story, but they don’t change the core fact: you can date your cousin without fear of criminal charges, fines, or legal consequences. If you’re in this situation, you’re not breaking any law.
Bookmark this guide if you need to reference state-specific marriage laws or share it with someone who’s confused about the legal status of cousin relationships.
