In Texas, marriage between first cousins is explicitly prohibited by law. According to the Texas Family Code, a marriage is considered void if the parties are related as first cousins, whether by blood or adoption.
This prohibition has been in effect since 1997 and reflects the state’s public policy concerns as well as considerations about potential genetic risks to offspring. If two first cousins attempt to marry in Texas, their marriage is not recognized and is considered legally void from the outset.
Legal Consequences and Criminal Penalties
Attempting to marry a first cousin in Texas is not only void but can also be considered a criminal offense. Texas law makes it a felony to engage in sexual relations with a first cousin, and those convicted can face significant penalties, including imprisonment and fines.
Marriage does not provide a defense against incest charges in Texas, meaning that even if a couple is married elsewhere, engaging in a marital relationship as first cousins can still result in criminal prosecution if they live in Texas.
Recognition of Out-of-State Marriages
If first cousins marry in a state where such unions are legal, Texas generally does not recognize those marriages if the couple resides in Texas. Legal challenges may arise, especially in matters of inheritance, property division, or child custody, and Texas courts may refuse to recognize the marriage based on state public policy.
There are limited exceptions, but these are rare and complicated, so anyone considering such a marriage should consult a qualified attorney.
Marriages Between More Distant Cousins
While first cousin marriages are banned, Texas law does not prohibit marriage between more distant relatives, such as second cousins, third cousins, or first cousins once removed. These relationships are legally permitted, and there are no restrictions on their ability to marry in Texas.
Table: Texas Cousin Marriage Law
| Relationship | Legal to Marry in Texas? | Notes |
|---|---|---|
| First Cousin | No | Marriage is void and considered a felony |
| Second Cousin+ | Yes | Legal to marry |
| Uncle/Niece, etc. | No | Prohibited |
Key Takeaways
Marrying your first cousin in Texas is illegal and the marriage will not be recognized by the state.
Marriages between second cousins or more distant relatives are permitted and fully legal.
Texas generally does not recognize first cousin marriages performed in other states if the couple resides in Texas.
Criminal penalties can apply for sexual relationships between first cousins, regardless of marital status.
Always consult a qualified family law attorney for advice on specific situations, especially if moving between states or dealing with complex family relationships.
Texas draws a clear legal line: first cousin marriages are not allowed, but more distant cousin relationships are permitted. Anyone considering marriage to a cousin should be aware of these distinctions and the potential legal consequences.
Sources
[1] https://thewrangler.com/is-it-illegal-to-marry-your-cousin-in-texas-heres-what-the-law-says/2025/06/05/
[2] https://knue.com/legal-marry-cousin-texas/
[3] https://knue.com/yes-it-is-kinda-sorta-legal-to-marry-your-cousin-in-texas/
[4] https://dataminingdna.com/can-first-cousins-marry-in-texas/
[5] https://koolfmabilene.com/legally-marry-cousin/
