No, it is illegal to marry your first cousin in Texas. The Texas Family Code § 6.201 explicitly voids marriages between first cousins, treating them as incestuous and rendering any such union legally invalid from the start.
Legal Prohibition
Texas law prohibits first-cousin marriages by listing them among void relationships, alongside parents/children, siblings, aunts/uncles, and nieces/nephews.
Marriage license applications require applicants to affirm they are not related as “a son or daughter of a parent’s brother or sister,” and clerks cannot issue licenses if marked false under § 2.009. This stems from public policy and genetic risks, unchanged as of 2026.
Exceptions and Distant Relatives
Second cousins and beyond can legally marry, as they fall outside prohibited degrees. Out-of-state first-cousin marriages are not recognized for Texas residents, potentially leading to legal complications like inheritance disputes.
Sexual relations between first cousins may also constitute a criminal offense in some interpretations.
| Relationship | Legal to Marry? | Notes |
|---|---|---|
| First Cousin | No | Void; no license issued |
| Second Cousin+ | Yes | Fully permitted |
| Sibling/Aunt | No | Criminal incest |
Enforcement and Penalties
Attempting a first-cousin marriage can result in criminal charges, though rare; the union holds no legal weight for benefits or divorce. No waivers exist, even for adoptions.
Note conflicting sources like one claiming legality (likely erroneous, as it ignores § 6.201)—majority consensus and statutes confirm the ban.
Practical Advice
Verify relations via family records before applying at a county clerk. For complex cases, consult a Texas family law attorney or check statutes.texas.gov. Distant cousins face no hurdles beyond standard requirements like age 18 and ID.
SOURCES:
- https://chargoisharper.com/family-law/marriage-laws/
- https://www.worldlawdigest.com/usa/is-it-legal-to-marry-your-cousin-in-texas
