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

Marriage laws in the United States are a patchwork shaped by history, culture, and state-specific statutes. Arizona, with its diverse population centers like Phoenix, Tucson, Mesa, and Flagstaff, is no exception. Among the more debated topics in marriage law is the legality of marrying a cousin. Whether out of curiosity, cultural tradition, or planning for marriage, people across Arizona often wonder: Is it illegal to marry your cousin in the Grand Canyon State? This article unravels Arizona’s laws, the nuances of cousin marriage, real statistics, and the current cultural and legal landscape across its cities.

Understanding Cousin Marriage: National Perspective

Across the United States, the legality of cousin marriage varies dramatically. Some states fully allow it, some outlaw it completely, and others—like Arizona—have nuanced restrictions or specific conditions. Nationally, about 0.2 percent of marriages are between individuals who are second cousins or closer. But laws—especially for first cousin marriage—are as much a matter of public attitude and tradition as of legal status.

Arizona Marriage Law: The Statute Explained

The legal foundation regarding cousin marriage in Arizona is found in the state’s statutes on prohibited marriages. Arizona law states that marriage between first cousins is generally prohibited and void. However, there are distinct exceptions that permit cousin marriage under certain circumstances.

The core rule:

Marriage between first cousins is not generally permitted in Arizona.
There are two key exceptions where first cousins may marry:
- If both cousins are 65 years of age or older.
- If at least one cousin is proven, in front of a superior court judge, to be unable to reproduce.

The process requires court approval and formal proof, especially in the case of infertility, making the legal pathway quite narrow and specific.

A Closer Look at the Statute

Prohibited Marriages

Arizona’s list of prohibited marriages includes unions between parents and children, grandparents and grandchildren, siblings, uncles and nieces, aunts and nephews, and first cousins. The primary rationale for these restrictions is to prevent potential health issues in offspring and for broader social reasons.

Exceptions for Cousins

Even with the prohibition, Arizona law recognizes unique circumstances:

Seniors: Once both parties reach the age of 65, they are permitted to marry even if they are first cousins.
Infertility Exception: Regardless of age, if at least one cousin cannot have children, and this is confirmed by a court, marriage can proceed legally.

This means that in cities such as Phoenix, Scottsdale, Sedona, and Chandler, the same rules apply—Arizona law is uniform statewide.

The Marriage Process in Arizona Cities

Arizona’s major cities and counties, including Maricopa County (Phoenix), Pima County (Tucson), and Yavapai County (Prescott), all handle marriage licenses through their respective superior court offices. Here’s what a couple must do if they meet the legal threshold for a first cousin marriage:

Visit the appropriate county clerk’s office together.
Provide all documentation required by Arizona law, including proof of age or infertility as specified if applicable.
Obtain approval from a superior court judge if seeking a marriage under the infertility exception.
Secure a marriage license only after fulfilling the state’s requirements.

City-specific requirements around documentation may vary only in terms of administrative processing times or minor procedural differences, but not in legal substance.

Arizona Cities: Local Attitudes and Statistics

Major Arizona cities present a tapestry of cultures and traditions. Metropolitan Phoenix, with over 1.6 million residents, and other urban hubs like Mesa and Tucson are home to diverse populations, including families where cousin marriage may be part of cultural heritage.

However:

The actual rate of cousin marriage in Arizona is very low, mirroring the national estimate of roughly 0.2 percent of all marriages.
Most marriage applications processed in Arizona urban and rural county offices fall well within traditional boundaries, and only a minuscule fraction involve cousins.

Despite periodic public debate, cousin marriage remains exceedingly rare in cities across the state. Social attitudes, even in multicultural hubs like Tempe or Glendale, tend to discourage close-kin marriages, aligning with mainstream American perspectives.

Why Are There Restrictions? A Historical and Scientific Perspective

The laws surrounding cousin marriage have roots in both public health and historical tradition:

Genetics: Marrying a close blood relative slightly increases the risk of recessive genetic disorders in offspring. However, the risk is statistically much lower than often assumed.
Caselaw and Morality: Many U.S. states, including Arizona, incorporated cousin marriage bans into law during periods of broader moral reform in the 19th and early 20th centuries.
Public Health Movements: Early public health campaigns often focused on promoting what were perceived as healthy or “fit” unions, contributing to formal restrictions.

That said, in many parts of the world cousin marriages are accepted and common, and Arizona’s law reflects an attempt to manage risk while allowing for limited personal autonomy, especially for seniors and those who cannot have children.

Unique Scenarios: Out-Of-State and International Marriages

A frequent question in cosmopolitan cities such as Phoenix and Tucson: What if two first cousins marry legally in another state or country and move to Arizona? Arizona law generally does not recognize first cousin marriages performed elsewhere unless the couple qualifies under the in-state exceptions.

Similarly, for those seeking immigration benefits—such as adjustment of status for a spouse—Arizona’s cousin marriage law can add legal complications. Federal agencies often defer to the state’s recognition of marriage, so without meeting Arizona’s legal requirements, recognition (and thus benefits) may be denied.

How Arizona’s Law Compares to Other States

The laws in the Southwest offer interesting contrasts:

State	First Cousin Marriage Status
Arizona	Illegal; exceptions for seniors and infertility
California	Legal without restriction
Nevada	Illegal
New Mexico	Legal
Utah	Illegal, except for seniors/infertile
Texas	Illegal

This regional map means that residents of border cities like Kingman or Lake Havasu City, or those near New Mexico or California, may cross state lines to legally marry a cousin. However, the legal recognition of such marriages upon return to Arizona will depend on compliance with Arizona’s exceptions.

Steps to Legally Marry as First Cousins in Arizona

For those who qualify under an exception, the process involves several legal steps:

Consultation: Meet with a family law attorney (found in cities like Phoenix, Tucson, and Mesa) who is familiar with Arizona’s cousin marriage laws.
Medical Documentation: Obtain proper medical proof if seeking the infertility exception.
Court Petition: File a petition in superior court for approval of the marriage.
Judicial Review: Attend a hearing where a judge will review the evidence and make a determination.
License Issuance: Upon approval, apply for and obtain a marriage license from the county clerk.

This process is designed to ensure strict compliance and minimize the possibility of fraudulent or unqualified applications.

Cultural Diversity and Family Patterns

Arizona’s rich blend of Native American, Hispanic, and immigrant communities brings strong family traditions, including some where cousin marriage is viewed differently than in mainstream American society. In small, rural communities such as those in Cochise County or near the Navajo Nation, family structures may retain distinct norms and histories.

Even within these communities, however, the overarching state law prevails. Community or religious approval does not override state statute; only the court-approved exceptions apply.

Myths and Misconceptions

It’s crucial to address popular myths surrounding cousin marriage in Arizona:

Myth: All cousin marriages are criminal or invalid in Arizona.
- Reality: There are clear exceptions that permit such marriages for qualified couples.
Myth: Any cousin marriage performed in another state or country is automatically recognized.
- Reality: Recognition depends on compliance with Arizona’s exceptions.
Myth: Arizona law is the same across all levels of government.
- Reality: Only state law governs, but all cities and counties must comply with state law.

Dispelling these myths allows families in Sedona, Prescott, or Gilbert to make informed and lawful choices.

While cousin marriages remain rare, Arizona is home to diverse views on family structure and tradition. In cities with large immigrant populations like Chandler and Glendale, cultural attitudes toward cousin marriage may be more accepting within certain communities.

But:

Social acceptance does not translate into widespread practice.
Young Arizonans, reflecting national trends, are more likely to see cousin marriage as unusual or undesirable.
In rural communities where extended family connections are more visible, cousin marriage is still rare.

Arizona’s overall demographic data confirms that such unions are exceptional, amounting to a tiny statistical footprint compared to the state’s one million-plus households.

The Future of Cousin Marriage Law in Arizona

Laws evolve alongside shifts in social attitudes and scientific understanding. While there’s no imminent move to further restrict or liberalize cousin marriage laws in Arizona, debate occasionally surfaces in legislative halls, especially in response to broader national conversations about marriage and family autonomy.

Should public opinion or genetic research push for reform, Arizona—like all US states—could see its marriage laws updated. For now, however, the statewide framework is expected to remain stable, governing cities from Yuma and Bullhead City all the way to Winslow and Snowflake.

What to Do If You’re Considering Cousin Marriage in Arizona

If you and your cousin are considering marriage in Arizona and believe you qualify under the law:

Start by reviewing your eligibility under state law.
Consult an Arizona family law attorney for advice and to navigate the legal process.
Prepare to gather the necessary medical documentation or proof of age.
File any required petitions with your local superior court, available in every county seat—including in larger cities like Phoenix, Tucson, Mesa, and Prescott.
Always plan ahead, as the court process and documentation can take time.

Summary

So, is it illegal to marry your cousin in Arizona? Generally, yes—unless you meet one of two narrow exceptions related to age or infertility. The law applies consistently, from the heart of Phoenix to the far reaches of Apache and La Paz counties. Arizona’s nuanced approach reflects its history, culture, and scientific awareness, balancing tradition with an emphasis on public health and social norms.

Conclusion

The question of cousin marriage in Arizona bridges law, science, and tradition. Most residents—from Tucson to Flagstaff and beyond—will never encounter the issue in practice, but those who do are wise to carefully navigate the legal requirements. While barriers exist, the law does make room for the autonomy of seniors and those for whom reproduction isn’t possible. With proper legal steps, support, and planning, Arizonans can approach even complex family decisions with confidence and clarity.