No, it is not illegal to marry your cousin in California. In fact, first-cousin marriage is fully legal in the state, with no special restrictions or prohibitions for either opposite-sex or same-sex couples.
California Law on Cousin Marriage
California’s marriage laws are among the most permissive in the United States regarding cousin marriage. According to California Family Code and legal experts, first cousins are allowed to marry as long as both parties are over the age of 18 and meet the general requirements for marriage (such as not being already married and providing valid consent). There are no special conditions, such as age or infertility, that must be met for cousins to marry in California, unlike in some other states.
- First cousin marriage is legal.
- No age or infertility restrictions apply (other than the general legal age for marriage).
- Same-sex cousin marriages are also recognized.
How California Compares to Other States
The United States has a patchwork of laws regarding cousin marriage:
- Legal in 18 states: California, New York, Massachusetts, and others allow first cousins to marry without restriction.
- Banned in 24 states: States like Texas and Oklahoma make first-cousin marriage illegal, sometimes even criminalizing it.
- Conditional in 8 states: Some states only allow cousin marriage under certain conditions, such as age or infertility (e.g., Illinois, Utah, Arizona).
Table: First Cousin Marriage Laws in Select States
| State | Legal Status | Special Conditions |
|---|---|---|
| California | Legal | None |
| Texas | Illegal (criminal) | N/A |
| New York | Legal | None |
| Utah | Legal (conditional) | Both over 65 or infertile |
| Arizona | Legal (conditional) | Both over 65 or infertile |
| Florida | Legal | None |
Legal Recognition and Out-of-State Considerations
If you marry your cousin in California, your marriage is fully recognized under California law, granting you all the legal rights and responsibilities of marriage. However, if you move to a state where cousin marriage is illegal, your marriage may not be recognized there, and you could face legal complications. This is especially important for issues like inheritance, spousal rights, and immigration status.
“If you were married in California and plan to live there, your marriage will be deemed valid by immigration services. Your marriage will NOT be deemed valid if you move to a state where cousin marriages are prohibited, such as Texas.”
Health and Genetic Considerations
While cousin marriage is legal in California, there are health considerations to keep in mind. Children of first cousins have a slightly higher risk of inheriting recessive genetic disorders compared to unrelated couples. The risk of birth defects rises from about 3-4% (unrelated parents) to 5-6% (first cousins).
Common genetic conditions that may be more prevalent in offspring of cousin marriages include:
- Cystic fibrosis
- Sickle cell anemia
- Tay-Sachs disease
- Thalassemia
Genetic counseling is recommended for couples considering cousin marriage to assess risks and make informed decisions.
Cultural and Social Perspectives
California’s legal stance reflects its cultural diversity and respect for personal autonomy. In many cultures, cousin marriage is traditional and accepted, while in others it is taboo. California law prioritizes individual choice and cultural inclusion, allowing cousin marriage as a matter of personal and cultural freedom.
- Marrying your cousin is legal in California. There are no special restrictions, and both opposite-sex and same-sex cousin marriages are recognized.
- Be aware of legal differences in other states. If you move, your marriage may not be recognized elsewhere.
- Consider genetic counseling. There is a slightly increased risk of genetic disorders in children of cousin marriages, so professional advice is recommended.
- Cultural acceptance varies. While legal in California, social attitudes may differ depending on your community and background.
If you are considering marrying your cousin in California, you are legally allowed to do so, but it is wise to consult both legal and medical professionals to ensure you understand all implications.
Sources
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.wksexcrimes.com/practice-areas/california-incest-laws-pc-285/
- https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/
- https://www2.sustainable-markets.org/post/cousin-marriage-california
- https://www.jlegal.org/blog/is-it-legal-to-marry-your-cousin-in-california/
