Marrying your cousin in Texas is a complex legal issue that depends on the specific relationship involved. Current Texas law is clear and firm regarding first cousin marriages: they are not allowed. According to the Texas Family Code, a marriage is considered void if the parties are related as first cousins by blood or adoption, meaning that the marriage has no legal standing from the outset. This prohibition has been in place since 1997 and reflects both public policy concerns and genetic considerations regarding offspring.
In practical terms, if two first cousins attempt to marry in Texas, their marriage will not be recognized by the state. Attempting to marry a first cousin can also be considered a criminal act under certain circumstances. The law applies not only to marriages performed within Texas but generally also to those performed elsewhere if the couple resides in Texas. Texas typically does not recognize out-of-state first cousin marriages for Texas residents, though there may be limited exceptions for certain legal purposes, such as inheritance or property disputes.
However, Texas law does not prohibit marriages between more distant relatives, such as second or third cousins. These relationships are considered sufficiently removed to be outside the scope of the law’s restrictions. Marriages between an ancestor and descendant, siblings, aunts/uncles, and nieces/nephews are also strictly prohibited.
There is some confusion about the legal status of cousin marriages due to the way Texas law is structured. While the Family Code does not explicitly void a marriage to a cousin solely on the basis of consanguinity, the law requires applicants for a marriage license to affirm that they are not related as first cousins. County clerks are not allowed to issue marriage licenses to first cousins, making it impossible to legally marry a first cousin through the formal process. Additionally, the Texas Penal Code makes it a felony to engage in sexual intercourse with the son or daughter of one’s aunt or uncle—essentially, a first cousin.
Marrying your first cousin in Texas is illegal and the marriage will not be recognized. Marriages between more distant cousins are permitted. If you are considering a marriage to a relative or have questions about the legal implications, it is important to consult a qualified family law attorney for advice specific to your situation.
Sources
[1] https://thewrangler.com/is-it-illegal-to-marry-your-cousin-in-texas-heres-what-the-law-says/2025/06/05/
[2] https://koolfmabilene.com/legally-marry-cousin/
[3] https://knue.com/legal-marry-cousin-texas/
[4] https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/
[5] https://www.avvo.com/legal-answers/what-are-the-rules-for-cousins-marrying-in-texas–930400.html
