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

Is It Illegal to Marry Your Cousin in Massachusetts Here's What the Law Says

In Massachusetts, it is legal to marry your first cousin, as the state does not prohibit such unions under its marriage laws. This makes Massachusetts one of 17 U.S. states where first-cousin marriages are fully permitted without restrictions.

Legal Framework

Massachusetts law explicitly outlines prohibited marriages in Chapter 207, Sections 1 and 2 of the General Laws. These sections list close familial relationships, such as parent-child, sibling-sibling, and uncle-niece or aunt-nephew, as prohibited. However, first cousins are not included in these restrictions, allowing them to legally marry in the state.

Additionally, Massachusetts permits marriages between half-cousins and adopted cousins, further affirming its permissive stance on cousin marriages. This is in contrast to states like New Hampshire, which outright bans first-cousin marriages, or Maine, which allows them only with genetic counseling.

Genetic Considerations

While legally permitted, first-cousin marriages have been associated with a slightly increased risk of genetic disorders in offspring due to shared genetic material. First cousins share approximately 12.5% of their DNA, which raises the likelihood of both partners carrying the same recessive genetic mutation inherited from a common ancestor. Studies estimate that children from first-cousin unions have a 4-6% risk of congenital or genetic disorders, compared to a 2-3% risk in children of unrelated couples.

Despite these risks, modern genetic counseling can help couples assess and mitigate potential concerns. In fact, some experts argue that the risks associated with cousin marriages have been exaggerated and are manageable with current medical knowledge.

Cultural and Historical Context

Historically, cousin marriages were common and socially acceptable in many cultures worldwide. In the United States, however, attitudes shifted during the late 19th and early 20th centuries due to concerns about eugenics and public health. As a result, many states enacted bans on cousin marriages during this period. Today, while Massachusetts permits such unions, societal stigma may still influence individual decisions.

Marrying your first cousin is entirely legal in Massachusetts under current state law. While there are some genetic risks associated with such unions, they remain relatively low and can be addressed through genetic counseling. Couples considering this option should weigh legal rights against potential societal perceptions and health considerations.

Sources

  1. https://wbsm.com/massachusetts-first-cousins-marry/
  2. https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/
  3. https://pmc.ncbi.nlm.nih.gov/articles/PMC2605922/
  4. https://pmc.ncbi.nlm.nih.gov/articles/PMC10924896/
  5. https://ifstudies.org/blog/why-every-state-should-ban-first-cousin-marriage