Is It Illegal to Marry Your Cousin in Virginia ? Here’s What the Law Says

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Is It Illegal to Marry Your Cousin in Virginia ? Here's What the Law Says

When it comes to marriage laws, especially those concerning family relationships, rules vary widely across the United States. In Virginia, the question of whether you can legally marry your cousin is frequently raised. Here’s a comprehensive look at what the law says in 2025.

Virginia Law on Cousin Marriage

Virginia permits marriage between first cousins. Unlike some states that outright ban or place specific restrictions on cousin marriage, Virginia law does not prohibit marrying your first cousin. In fact, there are no special conditions, such as genetic counseling requirements or age/infertility stipulations, as seen in a handful of other states. This means adults who are first cousins can obtain a marriage license and legally marry in Virginia without facing criminal or civil penalties.

What Relationships Are Prohibited?

Virginia’s marriage statutes specify certain family relationships that are not permitted to marry. According to Virginia Code §20-38.1 and the official guidance from the Virginia State Bar, the following unions are forbidden:

Marriages between ancestors and descendants (such as parents and children, or grandparents and grandchildren)

Siblings (whole or half blood, or by adoption)

Uncles/aunts and nieces/nephews (also whole or half blood)

Marriages where either party is still married to someone else

Cousin marriages are notably absent from the list of prohibited relationships. Virginia law further clarifies that step-siblings and cousins—of any degree—are not barred from marrying.

Legal Standing and Marriage License Application

Marriage License: First cousins can apply for and receive a marriage license in Virginia following the same process as any other couple. There is no legal requirement to disclose the cousin relationship during the application.

Recognition: Marriages between first cousins that are legally performed in Virginia are fully recognized by the state and are valid for all legal purposes.

National Context: Why is Virginia Different?

Across the U.S., laws on cousin marriage are highly inconsistent:

Seventeen states, including Virginia, allow first-cousin marriages without restriction. Others either ban them outright or permit them only if specific conditions are met—such as proof of infertility or mandatory genetic counseling.

States like Kentucky, Texas, and West Virginia explicitly prohibit cousin marriage and may impose criminal penalties for violation.

Some states recognize cousin marriages performed elsewhere; others do not.

Societal and Health Considerations

While legal in Virginia, cousin marriages can sometimes be a source of social stigma due to concerns over genetic risks. However, Virginia law does not impose health screenings or extra procedural hurdles for cousin couples. Decisions about possible genetic counseling are left to the discretion of the couple or their healthcare provider.

The Bottom Line

It is absolutely legal for cousins to marry in Virginia.

There are no special legal obstacles or additional requirements for cousin couples.

The state expressly allows such marriages, and any union of this kind that is properly recorded per Virginia law carries the same rights and responsibilities as other marriages.

If you are considering marrying your cousin in Virginia, you can do so openly and lawfully—just ensure you meet the general requirements for marriage, like age, marital status, and capacity to consent. For the most up-to-date information or personalized legal advice, consult your local county clerk or the Virginia State Bar.

Sources

[1] https://collincountymagazine.com/2025/06/04/is-it-illegal-to-marry-your-cousin-in-virginia-heres-what-the-law-says/
[2] https://vsb.org/common/Uploaded%20files/docs/pub-fa-marriage.pdf
[3] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[4] https://law.lis.virginia.gov/vacode/title20/chapter3/section20-38.1/
[5] https://www.newsweek.com/map-states-marry-cousin-tennessee-ban-1889727

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