Marriage laws regarding cousin marriages vary widely across the United States. In New Hampshire, the legality of marrying a cousin is a topic that often sparks curiosity and requires a clear understanding of the state’s laws.
Marriage Between Cousins in New Hampshire: The Legal Status
In New Hampshire, marriage between first cousins is explicitly prohibited by law. The state law clearly states that marriage is not permitted between people who are related by blood as first cousins or in any closer lineage relationships. This prohibition dates back to laws enacted in 1869 and has remained on the books, with no exceptions allowed for first cousins to marry within the state.
However, more distant relatives such as first cousins once removed (e.g., the child of your first cousin) and second cousins are allowed to marry legally in New Hampshire. The law covers the many possible blood relationship permutations in detail to prevent marriages between close relatives.
Comparison With Other New England States
New Hampshire stands out among the New England states as the only one that bans first cousin marriages outright. The other states in the region, including Massachusetts, Maine, Vermont, and Rhode Island, allow first cousin marriages under varying conditions. For example, Maine permits first cousin marriages if the couple agrees to genetic counseling, while Massachusetts has no restrictions against cousin marriages but prohibits other closer familial unions.
Recognition of Out-of-State Cousin Marriages
New Hampshire does not recognize cousin marriages legally performed in other states where such unions are allowed. If a marriage between first cousins is conducted legally outside New Hampshire but is prohibited under New Hampshire’s laws, that marriage will not be recognized when the couple is in New Hampshire.
Legal Requirements for Marriage in New Hampshire
While first cousin marriage is prohibited, couples—including those who are cousins beyond the first degree—must meet the general requirements for marriage in New Hampshire:
Both parties must be at least 18 years old to marry without parental consent; those aged 16 or 17 require parental consent.
A marriage license must be obtained from the local town or city clerk before the wedding can take place.
Marriages between close relatives such as siblings, parent-child, grandparent-grandchild, and first cousins are forbidden.
Social and Cultural Considerations
Although legal restrictions exist, cultural and social perceptions about cousin marriage can differ. In some cultures or communities, cousin marriages are historically accepted and practiced, while in others, such relationships may be viewed controversially. In New Hampshire, despite the legal ban on first cousin marriage, social acceptance varies, and these marriages are generally not common.
Why Do Some States Ban Cousin Marriages?
The primary reasons for prohibiting cousin marriages include concerns about the increased genetic risks for offspring and historical social norms. Children of closely related parents have a higher risk of inheriting genetic disorders due to the similarity in genes passed from closely related parents.
Summary
New Hampshire does not allow first cousin marriages; such unions have been banned since 1869.
More distant cousin marriages (e.g., first cousins once removed, second cousins) are legal.
First cousin marriages legal in other states are not recognized in New Hampshire.
The general marriage rules (age limits, marriage license) apply to all couples.
New Hampshire is unique in New England for banning first cousin marriages, while neighboring states allow it with or without restrictions.
Understanding these laws ensures clarity for individuals considering marriage within New Hampshire, especially when familial relations are involved.
If you are considering such a marriage or have specific concerns, consulting a legal expert is advisable for personalized guidance.
Sources
[1] https://www.exeternh.gov/townclerk/who-can-get-married
[2] https://wokq.com/is-it-legal-to-marry-your-first-cousin-new-hampshire/
[3] https://www.manchesternh.gov/Departments/City-Clerk/Vital-Records-and-Genealogy/Marriage-Licenses-and-Ceremonies
[4] https://dataminingdna.com/can-first-cousins-marry-in-new-hampshire/
[5] https://wokq.com/is-it-illegal-to-marry-your-first-cousin-in-new-england/
