What States Is It Legal to Marry Your First Cousin? 2026 Guide

First cousin marriage is legal in approximately 16 states in the U.S. right now, but the rules are shifting fast. There is no federal law on this — it is entirely a state-by-state issue, and several states have changed their laws in just the past two years. If you’re researching this topic in 2026, here’s an accurate, up-to-date breakdown of exactly where things stand.

What Is a First Cousin Under the Law?

A first cousin is the child of your parent’s sibling — your aunt’s or uncle’s son or daughter. You share one set of grandparents. This is the exact relationship most state laws target when regulating cousin marriage. Other degrees — like “first cousin once removed” or “second cousin” — are treated differently and face far fewer legal restrictions. Unless a state law specifically says otherwise, it is typically referring to first cousins by blood.

States Where First Cousin Marriage Is Fully Legal (No Restrictions)

Florida remains one of 16 states with no restrictions on first-cousin marriage. California, New York, Massachusetts, and Georgia are among the states in that group. North Carolina also allows it, but not for double first cousins.

The full list of states with no restrictions currently includes:

• Alabama
• Alaska
• California
• Colorado
• Florida
• Georgia
• Hawaii
• Maryland
• Massachusetts
• New Jersey
• New Mexico
• New York
• North Carolina (double first cousins may not marry)
• South Carolina
• Vermont
• Virginia
• District of Columbia

States That Allow It With Conditions

Seven states allow first-cousin marriage but with conditions. Maine requires genetic counseling; some states say yes only if one partner is sterile. Here’s the full breakdown:

• Maine — Genetic counseling required before a license is issued
• Arizona — Legal only if both parties are 65 or older, or one cannot reproduce
• Illinois — Legal if both are 50 or older, or one is infertile
• Indiana — Legal once both parties turn 65
• Rhode Island — Legal if the couple is past childbearing age or one cannot have children
• Utah — Legal if both are over 55, or one is unable to reproduce
• Wisconsin — Legal if the woman is 55 or older or one spouse is infertile; same-sex male couples face fewer restrictions

States Where First Cousin Marriage Is Banned

Roughly 24 states ban first cousin marriage outright with no exceptions. These include Arkansas, Delaware, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Washington, West Virginia, and Wyoming.

The consequences differ by state. In some — like Texas and Oklahoma — first cousin marriage is treated as a criminal offense, not just a voided marriage. South Dakota goes further, making sexual relations and cohabitation between first cousins illegal as well.

Two states recently joined the ban list:

• Tennessee — banned first cousin marriage in 2024 under Tenn. Code Ann. § 36-3-101.
• Connecticut — Connecticut most recently changed course, banning first-cousin marriages effective October 1, 2025. Couples who married before that date remain legally valid.

Breaking: Florida’s Attempted Ban Just Failed (March 2026)

This is the most important recent development for anyone searching this topic right now.

Florida legislators failed to pass HB-733, which stated that after July 1, 2026, incestuous marriage — including between first cousins — would not be recognized for any purpose in the state. The proposal had been tucked into a wider health bill, but the measure ran out of time after lawmakers got stuck on other issues before the session clock expired.

The bill’s sponsor, Republican state Rep. Dean Black, made clear he does not plan to drop the issue and said the proposal could return next year, either on its own or attached to another bill.

The bottom line: First cousin marriage remains fully legal in Florida as of March 2026 — but this could change in the next legislative session. If you’re in Florida or planning to move there, watch this space.

Will Your Out-of-State Marriage Be Recognized?

This is one of the most practically important questions — and the answer is not straightforward.

Certain states, such as Arizona and Illinois, consider an out-of-state cousin marriage to be void. States such as California and Florida do not void out-of-state cousin marriages.

This matters enormously for property rights, inheritance, healthcare decision-making, and spousal benefits. If you married legally in one state and then relocate, you could find your marriage treated as legally invalid in your new home state. Always check the specific law of the state you’re moving to before assuming your marriage carries over.

How This Affects Immigration Cases

For couples navigating U.S. immigration, cousin marriage adds an extra layer of complexity. Federal immigration authorities look at both where the marriage was performed and whether the marriage is recognized in the state where the couple currently lives or intends to live. A marriage valid in New York but void in the couple’s destination state can create serious complications for visa and green card applications.

Why Are These Laws Changing Now?

The recent wave of changes — Tennessee banning it in 2024, Connecticut banning it in October 2025, Florida nearly banning it in 2026 — reflects growing legislative momentum against first cousin marriage in states that had previously allowed it. Across the U.S., it is estimated that just 0.2 percent of marriages are between first cousins. Despite the low numbers, the issue keeps surfacing in state legislatures, often tied to public health arguments about genetic risks to children born from these unions.

The legal map is genuinely a moving target right now. What was legal last year in your state may not be legal this year.

How to Verify the Law in Your Specific State

Laws in this area are changing quickly. The safest steps are:

1. Contact your county clerk’s office — they issue licenses and can confirm eligibility requirements today
2. Review your state’s family law statutes directly, usually under “Domestic Relations” or “Marriage”
3. Consult a family law attorney if your situation involves interstate moves, immigration, inheritance planning, or any legal uncertainty

For more plain-English explanations of family law topics, visit allaboutlawyer.com. You can also explore related guides on marriage laws by state and what makes a marriage legally valid for broader context.

Written by AllAboutLawyer.com Editorial Team

Last Updated: March 19, 2026

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and change frequently — especially on this topic. Consult a licensed family law attorney in your state for advice specific to your situation.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
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