Marriage laws in the United States vary significantly by state, especially when it comes to marrying a cousin. In Texas, the rules are particularly strict. Here’s what you need to know about the legality of cousin marriages in the Lone Star State.
The Legal Status of Cousin Marriages in Texas
Under Texas Family Code § 6.201, first-cousin marriages are explicitly prohibited. The law states that a marriage is void if one party is related to the other as:
- An ancestor or descendant (e.g., parent, grandparent, child, or grandchild).
- A brother or sister (whole or half-blood, or by adoption).
- A parent’s sibling (aunt or uncle).
- A sibling’s child (niece or nephew).
- A first cousin.
This means that marrying your first cousin in Texas is not only illegal but also considered a criminal offense. However, marriages between second cousins and more distant relatives are legal in Texas.
Recognition of Out-of-State Cousin Marriages
Texas does not recognize first-cousin marriages performed legally in other states. For example, if a couple marries in a state where first-cousin marriages are allowed and later moves to Texas, their marriage will not be considered valid under Texas law. This lack of recognition can have implications for immigration, inheritance, and other legal matters.
Why Are First-Cousin Marriages Prohibited?
The prohibition on first-cousin marriages stems from concerns about genetic risks to offspring and cultural norms. While studies suggest that the increased risk of birth defects in children of first cousins is relatively small (1–2%), societal and legal restrictions persist in many states, including Texas.
What About Other States?
Marriage laws regarding cousins vary widely across the U.S.:
- Legal: First-cousin marriages are permitted in 18 states, including California and New York.
- Restricted: Some states allow first-cousin marriages only under specific conditions, such as infertility or advanced age.
- Prohibited: First-cousin marriages are banned in 24 states, with eight states (including Texas) treating such unions as criminal offenses.
Sources:
- https://knue.com/yes-it-is-kinda-sorta-legal-to-marry-your-cousin-in-texas/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/
- https://kfmx.com/is-it-legal-to-marry-your-first-cousin-in-texas-does-it-matter/
- https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/