Yes, it is illegal to marry your first cousin in Texas. The Texas Family Code explicitly prohibits marriages between first cousins, and such marriages are considered void from the outset13.
Key Details from Texas Law
- First Cousin Marriage is Prohibited:
Texas law clearly states that first cousins cannot legally marry. Any marriage between first cousins in Texas is not recognized and is considered void. - Criminal Implications:
Entering into a first cousin marriage in Texas is not just void but also considered a criminal act under state law. - Recognition of Out-of-State Marriages:
If first cousins marry in a state where such unions are legal and then move to Texas, the situation is complex. While Texas does not allow first cousin marriages, it may recognize such marriages performed legally elsewhere for certain legal purposes, but this recognition is not guaranteed and can be subject to legal challenges, especially in matters like inheritance or custody. - Other Family Relationships:
Texas also prohibits marriage between other close relatives, such as ancestors, descendants, uncles, aunts, nephews, and nieces.
Summary Table
| Relationship | Marriage Legal in Texas? | Notes |
|---|---|---|
| First Cousin | No | Explicitly prohibited and considered void |
| Second Cousin | Yes | Not prohibited by law |
| Uncle/Aunt/Niece | No | Explicitly prohibited |
| Out-of-state First Cousin Marriage | Complex/Not guaranteed | May face legal challenges in Texas |
Marrying your first cousin in Texas is illegal and such marriages are considered void. If you legally marry your first cousin in another state, Texas may not recognize the marriage and you could face legal complications. Always consult a qualified family law attorney if you have questions about specific situations or cross-state recognition of such marriages.
Sources
- https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/
- https://www.reddit.com/r/legaladvice/comments/7cpei1/is_a_cousin_marriage_in_a_legal_state_still/
- https://www.youtube.com/watch?v=EqgIdnkxElg
- https://kfmx.com/is-it-legal-to-marry-your-first-cousin-in-texas-does-it-matter/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States