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

Cousin marriages often stir up a mix of curiosity, concern, and controversy. Are they legal? Are they common? Is it safe—genetically, morally, legally? In many parts of the world, including much of the developing world, cousin marriages are socially accepted and sometimes even encouraged. But what about in the Lone Star State?

In Texas, the laws around cousin marriage occupy a gray area between statutory prohibition and complex common-law nuances. In this article, we’ll explore the history of Texas’ stance, compare it with the rest of the U.S., unpack the legal implications of both license-based and common-law marriages involving cousins, address immigration and criminal concerns, and consider the social and genetic arguments involved.

Section 1 The National Picture: Cousin Marriage Laws Across the U.S.

Marriage laws in the United States leave cousin marriages up to individual states. Here’s how the national landscape breaks down:

19 states plus DC allow first-cousin marriages without restriction.
5 states allow them under specific conditions—such as genetic counseling, age limits, reproductive status, or if the couple is beyond childbearing age.
The remaining states, including Texas, prohibit first-cousin marriages entirely.
In places where the marriage is legal, the rise of civil libertarian thought and scientific reassessment has challenged the reflexive taboo. Genetic studies show only a modest 2–3% increased risk of congenital disorders in the offspring of first cousins—similar to maternal age risk later in pregnancy. Despite this, many states view cousin marriage as both a moral and genetic risk.

Texas cemented its ban in the 1990s, aligning itself with a national backlash influenced by deep‑rooted cultural taboos and concerns over public welfare, especially within conservative and religious communities.

Section 2 Texas’ Legal Stance on Cousin Marriage

Consanguinity Rules in Texas Family Code

Texas Family Code outlines relationships that cannot marry. The list includes:

Parent and child (by blood or adoption)
Siblings (whole or half-blood)
Aunt/Uncle with niece/nephew (whole or half-blood)
Ancestors or descendants of any degree

Notably absent from this list? First cousins. That omission suggests cousin marriage isn’t automatically void—but that’s just part of the picture.

The Marriage License Barrier

Texas law requires an applicant to affirm that their intended spouse is not within those prohibited relationships. The law doesn’t explicitly mention cousins, but clerks interpret it conservatively. County clerks are directed not to issue marriage licenses to first cousins, due to the broader incest statutes reinforced in the Texas Penal Code.

In short: while a cousin relationship isn’t expressly void in the Family Code, clerks routinely refuse to issue a license for first cousins, and the Penal Code criminalizes sexual relations between first cousins.

Section 3 Criminal Consequences: More Than Just a Denial of License

Incest as a Felony in Texas

Under Texas Penal Code, any sexual activity between first cousins is treated as incest—which is a third-degree felony, punishable by up to 20 years in prison and a $10,000 fine. This applies regardless of whether a license was issued or whether the relationship is formalized through marriage. That means:

Applying for a license? Denied.
Getting married? Void, or at least never legally recognized.
Engaging in sexual activity? Criminal offense.

The state’s laws clearly indicate that cousin marriage is more than a bureaucratic issue—it’s a public policy concern elevating it to criminal behavior.

Section 4 The Common-Law Marriage Twist

Texas recognizes common-law marriage (informal marriage) if both parties agree, live together, and hold themselves out as married—without a ceremony or license.

Some legal experts note that Texas Family Code doesn’t list cousins in the void marriage section. Coupled with Texas allowing common-law marriages, this has sparked debate:

Could two consenting adult cousins be common-law married in Texas?
If yes, would that marriage be recognized by the state?
Would they still face criminal prosecution for incest despite being ‘married’?

In reality, it’s murky. No court has issued a definitive ruling affirming the legality of common-law cousin marriages. And incurring felony charges under the Penal Code seems inevitable if the relationship includes sexual activity. Practically speaking, anyone entering such a relationship would be navigating a legal minefield.

Section 5 Out-of-State Marriages & Residency Implications

Marrying Cousins Elsewhere and Moving to Texas

In several states—like California, New Mexico, or Maine—first-cousin marriage is legal. Suppose a cousin couple got legally married elsewhere. What happens if they later move to Texas?

Some legal practitioners and case discussions suggest Texas may refuse to recognize the marriage under its public policy against incest, particularly in matters of divorce, inheritance, or spousal benefits.
Immigration law, on the other hand, recognizes the marriage if legal in the place of celebration, allowing federal benefits, visas, citizenship pathways, etc. But in Texas, whether inherited property, community property rules, or spousal testimony would be honored is uncertain. It could face legal challenges or administrative refusals.

Thus, while the federal system may allow it, Texas courts and local agencies might not—leaving couples in a precarious legal and personal position.

Section 6 Social and Cultural Perspectives

Genetics and Risk

Scientific research indicates that:

For first-cousin offspring, there’s roughly a 2–3% increase in congenital anomalies over the ~3% baseline in the general population.
This aligns genetically with the risk a woman faces if she is over 40 years old and gives birth.
Yet, most U.S. laws ignore scientific nuance in favor of cultural stigma and moral standards.

Cultural Attitudes

Cousin marriage is widely practiced globally—especially in the Middle East, North Africa, and South Asia—where the cultural and familial benefits can outweigh genetic concerns. But in the U.S., there’s a persistent taboo reinforced by:

Historic eugenic movements
Civil War‑era state laws
Modern public disgust rooted in moral judgment
The absence of strong countervailing cultural narratives in mainstream American culture

Texas’ complex stance is thus a social act as much as a legal one.

Section 7 Immigration & Federal Recognition

At the federal level, especially for immigration:

Marriages between first cousins legal where performed are recognized for purposes such as spousal visas, green cards, and citizenship.
The state of Texas must allow federal forms to be submitted and processed, regardless of its public policy. The federal government doesn’t defer to state bans once a marriage is valid abroad.

But once in Texas, the couple could:

Face obstacles accessing community property rights.
Encounter issues with survivor benefits or inheritance if a spouse dies.
Struggle with official documents like drivers’ licenses, voter registration, social welfare declarations, etc., which may require marital recognition.

So, while federally valid, the couple may enter a legal twilight zone at the state level.

Section 8 The Practical Reality

Would You Get Arrested?

Chances of arrest may depend on whether a complaint is lodged. Historically, prosecution for willing adult consensual incest has been rare unless there are other factors like coercion or minors involved. But:

The law still allows for a felony charge.
So legal risk remains.

Would You Be Fine If You Kept Quiet?

Even if you lived together quietly, without community attention:

Your relationship is a felony.
No license, no legal recognition.
A single complaint could trigger prosecution or mandate annulment.

Do People Actually Do This?

Some cousin couples have tried to enter common-law marriages in Texas. In one legal forum, a lawyer noted:

“It could be argued that cousins could legally be common‑law married in Texas…though they could still face criminal prosecution for sex.”

This reflects the unresolved tension between absent statutory prohibition and overriding criminal law.

Section 9 Navigating the System: If You’re Considering It

If you’re contemplating marriage with a cousin in Texas, here are some key considerations:

1. Choose Where You Marry

Within Texas: No license. Wedding cannot be legal. Any sexual relationship is potentially illegal.
Outside Texas in a permissive state: You could obtain a valid marriage certificate but risk Texas non-recognition—conflicting legal status, mixed federal vs. state legality.

2. Understand Federal vs. State Law

You may qualify for federal immigration benefits.
But Texas family courts, probate courts, and agencies may refuse legal recognition.

3. Prepare for Legal Uncertainty

No clear legal precedent on common-law cousin marriages.
Civil courts could annul, refuse inheritance, or reject court filings.
Criminal risk persists regardless of formality.

4. Consult Professionals

A family law attorney can assess your specific situation—residency, property, children, divorce scenarios.
An immigration attorney can ensure your marriage is valid federally—but state complications may still follow.
A genetic counselor helps you evaluate health risks and possible interventions.

Section 10 Potential Future Trends

Legal Reform

Some states now allow first cousin marriage with conditions—aging out (over 65), genetic counseling, or reproductive sterilization.
Texas has shown no current legislative movement to relax its stance.
However, shifting public perceptions, scientific evidence, and national trends could open doors for future change.

Cultural Evolution

Younger generations in Texas increasingly question rigid taboos.
More tolerant views on unconventional relationships may stimulate debate on cousin marriage as a personal liberty.

Yet public policy tends to lag behind private sentiment, and Texas is known for conservative social legislation.

Conclusion

So—Is It Illegal to Marry Your Cousin in Texas?
Yes and no.

No license can be issued in Texas to first cousins.
Any sexual relationship may constitute incest—a third-degree felony.
The Family Code doesn’t explicitly void cousin marriages, creating ambiguity for informal common-law unions.

If married elsewhere, the federal government may recognize the marriage—but Texas state agencies and courts may not. The result is a legal patchwork: recognized federally but potentially ignored, unrecognized, or opposed under state law.

Bottom Line

If you’re considering marriage with a first cousin in Texas, be prepared for a highly complex, risky situation.
Even without prosecution, your relationship might lack basic legal protections involving property, inheritance, custody, and divorce.
Consulting knowledgeable family, immigration, and health professionals is absolutely essential.

This isn’t just about paperwork—it’s about your fundamental rights, family security, and personal future. The law may feel contradictory, but so is the reality of life on the legal gray lines.

Final Advice

Research carefully where you plan to marry and live.
Get professional guidance from lawyers and counselors.
Understand your legal status under both federal and Texas laws.
Prepare for the long haul—changes to your life may take time, effort, and courage.

Texas’ laws on cousin marriage are complex, contradictory, and unresolved. They reflect national debates over morality, genetics, and personal freedom. If this affects you, educate yourself, evaluate your priorities, and seek informed support. Your future—and your family’s—depends on navigating the terrain wisely.