In the state of Maine, marrying your first cousin is generally legal but comes with an important legal condition. The law permits first cousins to marry only if they obtain a certificate from a qualified physician confirming that they have received genetic counseling. This counseling aims to inform the couple about the potential increased genetic risks associated with having children born of a first-cousin union. This requirement is explicitly stated in Maine’s Title 19-A §701 of the domestic relations laws. While many close family relationships—such as those between siblings, parents, grandparents, aunts, uncles, nieces, and nephews—are absolutely prohibited from marrying each other, first cousins are given this unique allowance contingent upon the genetic counseling provision.
The rationale behind this law is rooted in health and social concerns. Genetic diseases can have a slightly higher probability of manifesting in children of first cousins compared to unrelated couples, although modern genetic studies estimate this increased risk to be relatively small—about 1 to 2 percent higher than in the general population. The counseling is intended to educate couples exactly about these risks so they can make informed decisions about both marriage and childbearing. This approach reflects a balance between respecting personal freedom and addressing public health considerations.
Maine is distinctive in the New England region for allowing first cousins to marry under such conditions, making it one of the relatively few states in the U.S. with this policy. While 32 states in the nation largely prohibit first-cousin marriage, Maine is among about 18 states where it is either legal outright or legal under certain restrictions. Some states that allow first-cousin marriage place additional limits, such as requiring the couple to be infertile or beyond a certain age, but Maine’s specific condition is tied to the receipt of genetic counseling.
It’s important to highlight that if a couple were to marry legally as first cousins in another state where no such restrictions exist and then move to Maine, their marriage may not be recognized by Maine authorities. The state holds the authority to deny recognition of marriages that do not comply with its genetic counseling requirement. Additionally, attempts to circumvent the law by entering into a cousin marriage elsewhere can result in legal consequences, including possible fines or arrest.
Beyond first cousins, Maine’s laws seem to permit marriages between more distantly related cousins, such as first cousins once removed, without any special conditions. The state’s extensive prohibitions focus mainly on closer blood relatives, and cousin relationships beyond first cousins are generally not restricted.
In summary, in Maine, marrying your first cousin is not illegal but requires compliance with a specific legal procedure: obtaining genetic counseling as certified by a physician. This approach aims to mitigate health risks associated with consanguineous marriage while respecting the choice of individuals. The law is quite clear and distinct within the region, reflecting a nuanced stance on a topic that varies widely across the U.S. and the world. Maine’s marriage statutes provide a structured framework that allows first cousins to marry but ensures they do so with an informed understanding of the medical considerations involved. This legal requirement signifies Maine’s attempt to protect public health through education rather than outright prohibition.
Thus, the law in Maine is a blend of permissiveness with caution, allowing first cousins to marry conditioned on genetic counseling, a middle ground between states that outright ban such marriages and states that have no restrictions at all.
Sources
(https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States)
(https://wjbq.com/maine-first-cousin-marriage-legal/)
(https://wcyy.com/is-it-illegal-to-marry-your-first-cousin-in-maine/)
(https://collincountymagazine.com/2025/07/03/is-it-illegal-to-marry-your-cousin-in-maine-heres-what-the-law-says/)
(https://wokq.com/is-it-illegal-to-marry-your-first-cousin-in-new-england/)
