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

Yes, it is illegal to marry your first cousin in Delaware. Delaware law explicitly prohibits and voids marriages between first cousins, as well as other close relatives. The relevant statute states:

“A marriage is prohibited and void between a person and such person’s ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.”

Recent Legislative Efforts

In early 2025, there was a legislative attempt to change how Delaware handles first cousin marriages. The proposed bill would not have legalized first cousin marriages within Delaware, but would have allowed the state to recognize such marriages if they were legally performed elsewhere (such as in another state or country). However, this bill was defeated in the Delaware House of Representatives and did not become law.

Recognition of Out-of-State Marriages

Because the bill failed, Delaware continues to neither allow first cousin marriages to be performed within the state nor recognize first cousin marriages performed elsewhere. This means that even if you legally marry your first cousin in another state or country, Delaware does not recognize that marriage as valid.

Table

Marrying your first cousin is illegal in Delaware, and the state does not recognize first cousin marriages performed in other jurisdictions. This legal stance is clear in both the Delaware Code and recent legislative actions

Sources

1. https://www.delawarepublic.org/politics-government/2025-02-02/delaware-legislature-introduces-bill-to-recognize-lawful-first-cousin-marriages
2. https://www.capegazette.com/article/first-cousin-marriage-bill-dies-house/290776
3. https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
4. https://legis.delaware.gov/BillDetail/141900
5. https://whyy.org/articles/first-cousin-marriages-delaware/