Is It Illegal to Marry Your Cousin in California? Here’s What the Law Says

Is It Illegal to Marry Your Cousin in California Here's What the Law Says

In California, it is legal to marry your first cousin. The state’s marriage laws do not prohibit marriages between first cousins, and there are no special restrictions or requirements for such unions beyond the standard marriage requirements for all couples.

Key points from California law:

First cousin marriage is permitted

California law explicitly allows first cousins to marry. This is in contrast to many other U.S. states, where such marriages are either banned or subject to restrictions.

No age-based or infertility restrictions

Unlike some states that only allow cousin marriage if both parties are above a certain age or infertile, California imposes no such conditions. Both parties simply need to meet the general legal requirements for marriage (such as being over 18 or having parental consent if younger).

Not considered incest

California’s incest laws prohibit marriage between parents and children, siblings, and uncles/aunts with nieces/nephews, but do not prohibit marriage between first cousins.

Recognition and legal rights

A first cousin marriage legally performed in California is fully recognized by the state, granting all the usual spousal rights and responsibilities.

Cultural and medical context

While some may have concerns about genetic risks, the law does not restrict cousin marriage on this basis. The increased risk of genetic disorders in children of first cousins is considered relatively small and not sufficient for legal prohibition.

Important caveat

If you marry your first cousin in California and later move to a state where cousin marriage is illegal, your marriage may not be recognized in that state. Always check the laws of any state you plan to move to.

Summary Table: First Cousin Marriage in California

Legal Status Restrictions Notes
Legal None (beyond standard marriage requirements) Fully recognized under California law

You can legally marry your first cousin in California. There are no state-level legal barriers, but be mindful of differing laws in other states if you plan to relocate.

Sources:

  1. https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
  2. https://www.jlegal.org/blog/is-it-legal-to-marry-your-cousin-in-california/
  3. https://www.wksexcrimes.com/practice-areas/california-incest-laws-pc-285/
  4. https://www.linkedin.com/pulse/can-you-marry-your-cousin-law-office-of-james-arrasmith
  5. https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/