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

can u marry your cousin in law

The topic of marrying one's cousin has been a highly debated issue, with cultural, religious, and legal perspectives all coming into play. While some societies have historically practiced cousin marriages to preserve tradition and strengthen family ties, others have legally prohibited it due to concerns about genetic disorders in offspring. The laws governing cousin marriages vary across different countries and states, with some allowing it under certain conditions, while others criminalize the practice. This raises questions about individual freedom, public policy, and the role of government intervention in personal matters. With varying opinions and complexities surrounding the issue, the debate on cousin marriages continues to be a subject of discussion and controversy.

Can you marry your cousin-in-law?

Characteristics Values
Marriage between first cousins Legal in 19 US states, banned in 24 US states, and partially allowed in 8 US states.
Marriage between first cousins once removed Banned in 6 US states.
Marriage between double first cousins Allowed in 25 US states, banned in North Carolina.
Marriage between half-cousins Allowed in 5 US states, banned in 1 US state, and partially allowed in 1 US state.
Marriage between cousins through adoption Allowed in 4 US states, partially allowed in 1 US state.
Marriage between cousins over 65 Allowed in 2 US states.
Marriage between infertile cousins Allowed in 2 US states.
Marriage between cousins in the UK Legal.

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Cousin marriage laws in the United States

In the United States, cousin marriage laws vary across states. As of February 2025, 24 states prohibit marriages between first cousins, 18 states allow such marriages, and eight states permit only some marriages between first cousins. First cousin marriage is a criminal offence in eight states, and six states prohibit marriages between first cousins once removed.

The laws regarding cousin marriages in the US involve several factors, including whether the cousins are half-cousins, double cousins, infertile, over the age of 65, or if it is a tradition prevalent in their native or ancestral culture. Some states also require genetic counselling before cousins can marry.

  • Alabama, Alaska, and Maryland: First cousins are allowed to marry, have sexual relations, and cohabitate. The same applies to first cousins once removed, half-cousins, and cousins through adoption.
  • Arizona: First cousins can only marry if one or both parties are 65 or older or if one or both are infertile. First cousins once removed, half-cousins, and cousins through adoption are allowed to marry.
  • Illinois: First cousins are permitted to marry if both parties are 50 or older or if one is infertile. Sexual relations and cohabitation between first cousins are allowed, and first cousins once removed are permitted to marry. Half-cousins cannot marry.
  • Indiana: First cousins can marry if both are 65 or older. Cohabitation and sexual relations between first cousins are legal, and first cousins once removed are allowed to marry.
  • Iowa and Kansas: First cousins cannot marry but are allowed to cohabitate and have sexual relations. First cousins once removed can marry.
  • Louisiana: First cousins cannot marry but can cohabitate and have sexual relations. First cousins once removed, and cousins through adoption (with written judicial approval) are allowed to marry, but half-cousins cannot.
  • Maine: First cousins can marry if they agree to undergo genetic counselling. First cousins once removed and cousins through adoption are allowed to marry, but half-cousins cannot.
  • North Carolina: First cousins are allowed to marry as long as they are not double first cousins (cousins through both parental lines).

It is worth noting that cousin marriage was legal in all US states before the Civil War, and the prohibitions were introduced to maintain social order, uphold religious morality, and safeguard the creation of fit offspring. However, some studies have questioned the assumption that offspring of first cousins are at a significantly higher risk of health issues.

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Cousin marriage laws in the United Kingdom

In the United Kingdom, it is legal for cousins to marry. This applies to England, Wales, Scotland, and Northern Ireland, as well as Guernsey, Jersey, and the Isle of Man. The legislation in Scotland differs slightly from the rest of the UK, but the same provisions apply in general.

The Marriage Act 1949 and the Civil Partnerships Act 2003 regulate prohibited degrees of kinship in England and Wales, but neither prohibits cousins from marrying. Similarly, the Sexual Offences Act 2003 specifies the degrees of kinship that make consensual sexual contact unlawful between adults, and it does not include cousins.

Despite the legality, many people in the UK assume that marrying one's cousin is illegal. This misconception may be due to moral views, as some consider it "bad" or "distasteful". Additionally, the practice is illegal in some other countries, like China, Taiwan, North Korea, South Korea, and the Philippines, as well as in some US states. There are also health risks associated with cousin marriages, as the smaller genetic pool can increase the likelihood of children having health problems.

It is important to note that there are some exceptions and special cases regarding cousin marriages in the UK. For example, individuals under 21 who are in an 'in-law' relationship with their cousin cannot marry if any person originally involved in creating the 'in-law' relationship is still alive. Additionally, to be considered for marriage or a civil partnership, both parties must be over 16 years old, or over 21 years old if registering as civil partners.

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The history of cousin marriage laws in the United States

Early History:

Before the Civil War, cousin marriage was legal in all states. However, in the 1860s, several states began passing anti-miscegenation laws, increasing the statutory age of marriage, and imposing medical and mental-capacity restrictions. This reflected a broader trend of expanding state authority into areas previously considered private. The practice was associated with immigrants and the rural poor, and it gradually became stigmatized. Writers and ministers, such as Noah Webster and Philip Milledoler, contributed to shaping public opinion against cousin marriages.

Late 19th Century to Early 20th Century:

By the late 19th century, marrying one's cousin was viewed as reckless in both Europe and the US. During this time, Lewis Henry Morgan, who had married his cousin in 1853, wrote about "the advantages of marriages between unrelated persons" and warned against the "evils of consanguine marriage." This perspective aligned with the belief that cousin marriage was a remnant of a more primitive stage of human social organization.

Eugenics Movement:

In the early 20th century, the eugenics movement gained traction, aiming to improve the genetic composition of the human population. George Louis Arner, in 1908, considered the ban on cousin marriage to be a clumsy and ineffective method of eugenics. Despite this view, the number of states banning cousin marriage doubled by the 1920s.

Recent Times:

In recent decades, the debate around cousin marriage laws has continued. As of February 2025, 24 US states prohibit marriages between first cousins, 18 states allow them, and eight states have partial restrictions. Some states, like Maine, mandate genetic counseling for marrying cousins to minimize the risk of health defects in their children. The National Conference of Commissioners on Uniform State Laws recommended repealing cousin marriage bans in 1970, but as of 2008, no state had lifted the prohibition.

The evolution of cousin marriage laws in the US has been influenced by shifting social attitudes, scientific understandings of genetics, and the role of activism and legislation. While some states have maintained restrictions, others have introduced conditions, such as age limits or genetic counseling, to balance individual rights with potential health concerns.

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The impact of cousin marriage on offspring

Marriage between cousins, or "consanguineous marriage", is a divisive topic, with laws regarding its legality varying across the world. In the United States, for example, cousin marriage laws differ from state to state. While some states prohibit first-cousin marriages, others allow them under certain conditions, such as mandatory genetic counselling.

However, other studies have challenged the notion that cousin marriages are inherently detrimental to offspring. Some researchers argue that the risks associated with cousin marriages may be overstated and that the impact on offspring may not be as significant as assumed. They attribute the persistence of legal bans on cousin marriages to social, religious, and cultural factors rather than solely genetic concerns.

The increased risk of genetic disorders in offspring of cousin marriages is particularly pronounced in populations with a history of subdivision, such as British Pakistanis. Population subdivision results from decreased gene flow among different groups, leading to higher average homozygosity even in couples without a known genetic relationship. This further increases the likelihood of recessive genetic disorders in offspring.

Overall, while cousin marriages may carry a higher risk of genetic disorders and reduced survival rates in offspring, the impact is not universally detrimental. The specific consequences depend on various factors, including population history, genetic counselling, and access to healthcare.

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Social perceptions of cousin marriage

The perception of cousin marriage varies widely across different cultures and time periods. In some societies, cousin marriage is considered ideal and is actively encouraged and expected, while in others, it is seen as incestuous and is subject to social stigma and taboo. Other societies may take a neutral view of the practice, neither encouraging nor condemning it, though it is usually not considered the norm.

Historically, cousin marriage was practiced by indigenous cultures in Australia, North America, South America, and Polynesia. It was also common in ancient Egypt and pre-Islamic Arabia, where it was seen as a way to maintain royal bloodlines and consolidate power within ruling families. In Europe, cousin marriage was not uncommon in the 19th century, with notable examples including Charles Darwin and Queen Victoria, who married their cousins. However, it began to fall out of favor as women became more socially mobile, and concerns about the potential negative effects of inbreeding grew.

In modern times, the perception of cousin marriage continues to vary across different cultures. In some cultures, cousin marriage is still widely practiced and is seen as a way to maintain family honor, preserve wealth and property, and strengthen family ties. For example, in Pakistan, cousin marriage is popular due to social, cultural, and religious beliefs, as well as economic advantages. In less individualistic societies, cousin marriage may be more common because it is difficult for men and women to meet outside of their families.

On the other hand, in some cultures, there is a growing awareness of the potential genetic risks associated with cousin marriage, which has led to a decline in the practice. For example, in the UK, there are concerns about the potential health risks of cousin marriage in certain immigrant communities, such as the Pakistani community, due to the higher incidence of birth defects and infant mortality rates in consanguineous unions.

Overall, the perception of cousin marriage is shaped by a complex interplay of biological, social, cultural, and economic factors that vary across different societies and time periods. While cousin marriage may offer certain benefits, such as strengthening family ties and consolidating wealth, it is important to consider the potential health risks and ethical implications associated with consanguineous unions.

Frequently asked questions

It depends on the state law of the place where you live or intend to live. While some states permit marriage between first cousins, others prohibit it.

As of 2024, first-cousin marriage is allowed in 17 states: Alabama, California, Colorado, Connecticut, Florida, Georgia, Maryland, Massachusetts, New Jersey, New York, New Mexico, North Carolina, Rhode Island, South Carolina, Vermont, and Virginia.

Some states that have banned first-cousin marriage include Tennessee, Texas, Kentucky, Maine, and Oklahoma.

Critics of first-cousin marriage point to studies that show that children of these couples have a higher risk of developing genetic disorders.

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