Marrying Your Cousin-In-Law: Is It Legal?

can i marry my cousin in law

The legality of marrying one's cousin varies across the world. In the United States, 19 to 26 out of 50 states allow some form of first-cousin marriage, with various conditions in different states. Cousin marriage has been allowed throughout the Middle East for all recorded history, and in some periods in China, cousin marriage was legally prohibited, but by the Qing dynasty (1644-1912), it was common. Cousin marriage has been used to keep cultural values intact, preserve family wealth, and strengthen family ties.

Can I marry my cousin-in-law?

Characteristics Values
Marriage between cousins-in-law in the US Legal in some states, but not all
Marriage between first cousins in the US Legal in 19-26 states
Marriage between cousins in other countries Varies, e.g., banned in China, North Korea, South Korea, the Philippines, some states in India, some countries in the Balkans
Reasons for cousin marriage Keeping cultural values intact, preserving family wealth, maintaining geographic proximity, tradition, strengthening family ties, maintaining family structure, etc.
Arguments against cousin marriage Potential health risks for offspring, potential for inbreeding

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Cousin marriage laws in the US

Marriage laws in the United States vary from state to state, and cousin marriages are no exception. While some states allow cousin marriages, others impose restrictions or bans.

History of Cousin Marriage Laws in the US

Historically, cousin marriages were practised to maintain cultural values, preserve family wealth, strengthen family ties, and maintain family structure. In the 1800s, Massachusetts Governor George N. Briggs appointed a commission to study the mentally handicapped, and this study implicated cousin marriages as a cause of "idiocy" (a term used at the time). This led to a wave of prohibitions, with 13 states and territories passing cousin marriage bans by the 1880s. However, these conclusions were contradicted by other studies, and the debate around cousin marriage has continued.

Current Laws

Currently, 25 to 26 states permit at least some form of first-cousin marriage. In these states, factors such as adoption status, infertility, age (over 65), and cultural traditions may play a role in the legality of cousin marriages. For example, Arizona allows first-cousin marriage if one or both parties are 65 or older or infertile. On the other hand, some states, like Arizona, place restrictions on sexual relations and cohabitation for cousins who are not married.

Some states, like Maine, mandate genetic counselling for marrying cousins to minimise the risk of serious health defects in their children. Other states, like Texas, have completely banned first-cousin marriage. It's important to note that some states prohibiting cousin marriage may recognise such marriages performed in other states, while others explicitly void them.

Health Concerns

One of the primary concerns around cousin marriages is the potential health risk to offspring. Children of first-cousin marriages have a slightly higher risk of autosomal recessive genetic disorders compared to children of unrelated parents. However, some studies have questioned the significance of this increased risk, and the debate continues.

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Cousin marriage laws in China

China has prohibited marriages between first cousins since 1981. According to Article 7 of the Marriage Law of the People's Republic of China, "No marriage may be contracted under any of the following circumstances: (1) if the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship." This law was enacted to prevent potential health defects in children born to first cousins, as the risk of autosomal recessive genetic disorders is higher in such cases.

Historically, cousin marriage laws in China have varied. During the Ming dynasty (1368-1644), all cousin marriages were banned, but enforcement was challenging. The subsequent Qing dynasty (1644-1912) saw a reversal of the Ming dynasty laws, and first-cousin marriages became common, especially in rural regions. In the early to mid-20th century, anthropologists described cross-cousin marriage as "permitted but not encouraged" in China.

Cousin marriage has been practised in various cultures for several reasons, including preserving family wealth, maintaining geographic proximity, and strengthening family ties. In ancient China, some evidence suggests that specific clans had arrangements to marry only within their group. Additionally, men practised sororate marriage, or marrying a former wife's sister, which effectively ruled out parallel-cousin marriage due to shared surnames.

It is important to note that the special administrative regions of China, Hong Kong and Macau, do not have restrictions on marriage between cousins. The legality of cousin marriage varies worldwide, with some countries and states allowing it, while others prohibit it due to concerns about genetic disorders and cultural taboos.

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Cousin marriage laws in the Middle East

Cousin marriage, or consanguinity, has been a common practice in the Middle East for thousands of years. While it is not unique to the region, Arab countries have had some of the highest rates of consanguineous marriages worldwide. Rates of cousin marriage in the Middle East vary from 29% in Egypt to nearly 58% in Saudi Arabia. In Qatar, Yemen, and the UAE, rates of consanguineous marriages are increasing in the current generation.

There are several reasons why cousin marriage is common in the Middle East. Firstly, it is a way to secure relationships between tribes and preserve family wealth. It is also a practical necessity given that genders are often kept separate, and individuals may have more opportunities to meet potential spouses within their extended family. In addition, cousin marriage is seen as a way to keep property in the family and maintain family structure. It can also lead to warmer relations with in-laws and greater loyalty and devotion from the wife.

While cousin marriage is not prohibited by Islam, Christianity, or Judaism, some people cite a saying of the Prophet Mohammad, "Marry those who are unrelated to you, so your children do not become weak," as an argument against the practice. There are also potential health concerns associated with cousin marriage, as children of first-cousin marriages have a slightly higher risk of autosomal recessive genetic disorders. However, religious law in the Middle East does not prohibit the practice, and individuals are free to make their own decisions.

In recent years, there has been a growing debate about the practice of cousin marriage in the Middle East. While it remains common, some young people are questioning the tradition due to concerns about family dynamics and interference, as well as potential health risks.

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Cousin marriage has been a common practice throughout history and continues to be so in some parts of the world. In the Middle East and South Asia, cousin marriage is strongly favoured, and in some cultures, it is considered ideal and is actively encouraged. In other parts of the world, such as the West, it is generally frowned upon and considered morally wrong.

The prevalence of cousin marriage in Western countries has declined since the late 19th and early 20th centuries. This shift may be attributed to concerns about inbreeding and the potential health risks associated with it. For example, in 1846, a study in Massachusetts implicated cousin marriage as a cause of "idiocy," and similar reports in the following decades linked cousin marriage to deafness, blindness, and mental deprivation in offspring. These concerns led to the passing of cousin marriage prohibitions in several states and territories by the 1880s. Despite contradictory evidence, the negative perception of cousin marriage persisted, and the number of states banning it doubled by the 1920s.

In popular culture, cousin marriage has often been portrayed in literature, film, and television. For example, in the popular fantasy series "Game of Thrones," the character Daenerys Targaryen marries her brother, Viserys, in a traditional incestuous wedding. While this particular portrayal is fictional, it reflects the historical practice of royalty marrying within their families to maintain power and alliances.

Additionally, cousin marriage has been a topic of debate in politics and law. In the United States, the legality of cousin marriage varies from state to state, with some states allowing it under certain conditions, such as age or infertility, while others prohibit it entirely. For instance, in Alabama, Alaska, and Arizona, first cousins are allowed to marry, while in states like Idaho, Illinois, and Indiana, they can only marry if they meet specific requirements.

The perception of cousin marriage in popular culture varies depending on cultural and regional contexts. While it may be considered taboo in some societies, it is accepted and encouraged in others. The portrayal of cousin marriage in media and its legal status continue to evolve as societies grapple with the ethical, social, and health implications associated with the practice.

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Health risks of cousin marriage

Marrying one's cousin-in-law is a complex topic that can vary depending on the region and the specific type of cousin relationship. While some countries or states may allow it, others may have restrictions or require genetic counselling beforehand.

Now, regarding the health risks associated with cousin marriages:

Cousin marriages have been associated with an increased risk of certain health issues in children born within these marriages. This is primarily due to the higher likelihood of both parents carrying the same disease-causing mutations, which can result in autosomal recessive disorders in their offspring. These disorders can include cystic fibrosis, sickle cell disease, congenital heart defects, and other genetic conditions. The accumulation of harmful mutations over generations can also lead to a higher prevalence of multifactorial diseases, such as heart disease and diabetes, influenced by both genetic and environmental factors.

The impact of cousin marriages on child health has been a subject of debate, with some studies indicating a higher risk of birth defects, infant mortality, and health issues such as heart, brain, and kidney problems. However, it's important to note that the precise health risks can be challenging to determine due to various interfering factors, such as socioeconomic status and healthcare quality.

In some communities, the practice of cousin marriage is relatively common, and the health consequences may be more pronounced. For example, in certain South Asian minority groups, the rate of cousin marriages is higher, and this has been linked to a higher occurrence of genetic disorders.

To address these health risks, some countries have implemented policies of genetic counselling, where first-cousin couples are educated about the potential risks of having children and are encouraged to undergo extra screening during pregnancy. However, there are ongoing discussions about whether more stringent measures, such as an outright ban on cousin marriage, are necessary to protect child health and alleviate strains on healthcare systems.

Frequently asked questions

It depends on the state. Marriage between cousins is allowed in some form in 25-26 states, but only 19 states allow first-cousin marriage.

No. There are no US states where first cousins can marry without any restrictions. Arizona, Illinois, and Indiana allow first-cousin marriage if one or both parties are over 50 or 65. In Arizona, cousins can also marry if one or both parties are infertile.

Yes, but it depends on the state. First cousins once removed can marry in Arizona, Alaska, Alabama, Indiana, Iowa, Kansas, Oklahoma, Oregon, and Pennsylvania. Half-cousins can marry in Alabama, Alaska, Arizona, and Oklahoma.

It depends on your country. Cousin marriage is banned in China, North Korea, South Korea, the Philippines, some states in India, some countries in the Balkans, and some US states. However, cousin marriage is allowed in the Middle East and was common in China during the Qing dynasty.

It depends on the state and your specific circumstances. Same-sex marriage is legal nationwide in the US due to the Supreme Court's Obergefell v. Hodges ruling in 2015. However, some states that allow opposite-sex cousin marriage, such as Rhode Island, only permit it for Jews.

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