Is First Cousin Marriage Legal in Texas
Texas law allows first cousins to marry. The state is one of the few in the U.S. where this is explicitly permitted. The Texas Family Code does not prohibit marriage between first cousins, and no special exception or waiver is required beyond the standard marriage license process. This legal status has remained consistent for decades, making Texas a straightforward jurisdiction for cousin couples compared to states that ban or restrict such unions https://www.law.cornell.edu/uscode/text/26/7.
The Texas Family Code sets minimum age and consent requirements for all marriages, including those between first cousins. Both parties must be at least 18 years old to marry without parental consent. If either party is between 16 and 18, a court order and parental consent are required. The code also requires a valid marriage license issued by a county clerk, and the marriage must be solemnized by an authorized person. These rules apply equally to cousin and non-cousin couples.
Requirements for a Cousin Marriage License in Texas
To obtain a marriage license in Texas, both applicants must appear in person at a county clerk's office. They must present valid government-issued identification, such as a driver's license or passport. The license fee varies by county but typically ranges from $60 to $80. There is no waiting period for a marriage license in Texas, and the license is valid for 90 days from the date of issuance. The couple must also complete a marriage education course if they wish to qualify for a reduced license fee https://www.texas.gov.
Texas does not require blood tests or genetic screening for marriage licenses, including for first cousins. The state also does not impose residency requirements for obtaining a marriage license. Any couple, including first cousins, can apply in any county in Texas regardless of where they live. The marriage ceremony must be performed by a licensed or authorized individual, and the signed license must be returned to the county clerk within 10 days after the ceremony.
Historical and Federal Context for Cousin Marriage in Texas
Texas has historically been permissive regarding first cousin marriage. The state's legal framework aligns with a small group of U.S. states that explicitly allow such unions. Federal law does not regulate cousin marriage, and the Defense of Marriage Act does not apply to cousin relationships. This means the legality and recognition of cousin marriages are determined entirely at the state level https://www.forbes.com/advisor/law/cousin-marriage-laws-by-state/.
While Texas permits first cousin marriage, it does not recognize common-law marriages between cousins unless all standard common-law marriage requirements are met. The state also does not provide specific benefits or restrictions for cousin couples beyond those that apply to all married couples. Federal programs, such as Social Security and tax filing, recognize cousin marriages performed in Texas as valid if the marriage is legal in the state where it was contracted https://www.irs.gov.