Under Texas law, marriage between first cousins is explicitly prohibited. The Texas Family Code states that a marriage is void if the parties are related as first cousins, whether by blood or adoption. This prohibition has been in place since 1997, reflecting both public policy concerns and genetic considerations regarding offspring.
Legal Status and Consequences
- If two first cousins attempt to marry in Texas, their marriage is considered void from the outset and has no legal standing.
- Not only is such a marriage not recognized, but attempting to marry a first cousin in Texas can be considered a criminal act.
- The law applies to both marriages performed within Texas and, in most cases, to those performed elsewhere but involving Texas residents.
Recognition of Out-of-State Marriages
If first cousins marry in a state where cousin marriage is legal (such as New Mexico or California), Texas generally does not recognize that marriage as valid if the couple resides in Texas45. However, there may be limited exceptions for certain legal purposes, and the situation can become complex if issues like inheritance, property, or child custody arise5. Legal challenges may occur, and courts may refuse to recognize the marriage based on Texas public policy5.
Other Cousin Relationships
- While first cousin marriages are banned, Texas law does not prohibit marriage between more distant cousins, such as second or third cousins.
- Marriages between an ancestor/descendant, siblings, aunts/uncles, and nieces/nephews are also strictly prohibited.
Summary Table: Texas Cousin Marriage Law
| Relationship | Legal to Marry in Texas? | Notes |
|---|---|---|
| First Cousin | No | Marriage is void and considered criminal |
| 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.
- Marriages between more distant cousins are permitted.
- Out-of-state cousin marriages are not recognized in Texas if you reside there, and legal complications may arise.
- Always consult a qualified family law attorney for specific situations, especially if considering moving between states or dealing with complex family relationships5.
This legal stance reflects your interest in marriage laws and cousin marriage regulations across different states.
Sources
- https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/
- https://kfmx.com/is-it-legal-to-marry-your-first-cousin-in-texas-does-it-matter/
- https://www.reddit.com/r/legaladvice/comments/7cpei1/is_a_cousin_marriage_in_a_legal_state_still/
- https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/
- https://www.youtube.com/watch?v=EqgIdnkxElg
