New York – Considering marrying your cousin in New York? You’re navigating a topic surrounded by legal complexities, cultural debates, and scientific considerations. While some states have strict prohibitions against cousin marriages, New York takes a different approach that may surprise many readers.
Is Cousin Marriage Legal in New York?
Yes, first cousin marriage is completely legal in New York without any restrictions. Under New York Domestic Relations Law Section 5, certain close family relationships are explicitly prohibited from marrying, including marriages between ancestors and descendants, siblings of whole or half blood, and uncles with nieces or aunts with nephews. However, first cousins are notably absent from this list of prohibited relationships, making such unions legally permissible in the Empire State.
New York stands among approximately 18 states where cousin marriage is legal or largely legal, contrasting sharply with the 32 states where it remains illegal or largely prohibited. States like California, Alaska, Florida, Georgia, and Alabama also permit first cousin marriages without restrictions. This places New York in a minority position nationally, as Connecticut recently became the 26th state to ban first cousin marriages as of October 2025.
Understanding New York’s Marriage Requirements
Couples planning to marry in New York, including cousins, must follow the formal legal marriage process to ensure their union is valid. Common law marriage is not recognized in New York, meaning couples cannot simply live together or present themselves as spouses to create a legal marriage. Both parties must obtain a marriage license and complete a legally recognized ceremony conducted by an authorized officiant.
The absence of first cousins from Section 5 of the Domestic Relations Law means there are no special requirements, age restrictions, or fertility conditions imposed on cousin couples in New York, unlike some other states. Illinois, for example, only permits cousin marriages if both parties are over 50 years of age or can prove infertility. New York imposes no such limitations.
The Historical Context of Cousin Marriage Laws
Cousin marriages have a fascinating legal history in the United States. During the Civil War era, cousin marriages were permitted in all 34 states that existed at the time. The tide began turning with Kansas enacting the first ban in 1858, followed by Nevada, North Dakota, South Dakota, Washington, New Hampshire, Ohio, and Wyoming in the 1860s.
The rate of prohibition laws increased steadily until the mid-1920s, with only Kentucky adding a ban in 1946, Maine in 1985, and Texas as recently as 2005. Today, first cousin marriage remains legal in at least 16 of the 50 states. Interestingly, New York holds a unique distinction as the only state that allows avunculate marriage between uncles and nieces or aunts and nephews, though this is specifically limited and requires special circumstances.
How Common Are Cousin Marriages?
Despite legal permissibility in multiple states, cousin marriages remain relatively rare in the United States. An estimated 0.2 percent of marriages in America are between individuals who are second cousins or closer. This translates to approximately 3,980 of the 1.99 million couples married in the United States in 2021 being cousins.
However, experts believe these numbers may be rising in recent decades, primarily due to immigration from cultures where cousin marriages are more socially accepted. Globally, the picture is dramatically different, with over 20 percent of different communities preferring intra-familial marriages, and over 8.5 percent of all children in the world having parents who are related.
Genetic Considerations and Health Risks
One of the primary concerns surrounding cousin marriages involves potential genetic risks to offspring. First cousins share approximately 12.5 percent of their DNA, which creates a restricted gene pool when they have children together. This increases the likelihood that the same genetic variants will appear, making inherited genetic disorders more common.
The risk of birth defects in children of unrelated parents is approximately 3 percent, but this doubles to around 6 percent for cousin marriages. Mortality rates in descendants of first cousins are approximately 3.5 percent higher than in non-consanguineous offspring. Conditions associated with consanguineous marriages include primary ciliary dykinesia, thalassemia, Tay-Sachs disease, and cystic fibrosis.
The genetic risk compounds with repeated generations of cousin marriages. When both parents come from families with histories of cousin marriages, the heightened risk escalates significantly unless measures are taken to reduce endogamy by mixing lineages from different genetic backgrounds.
Immigration Implications
For couples considering immigration based on a cousin marriage, understanding both federal and state laws is crucial. While federal immigration law generally recognizes valid marriages for visa and immigration purposes, the marriage must be valid in the state where it was performed.
Since New York permits cousin marriages without restrictions, couples married in New York can use their marriage for immigration purposes, including obtaining family-based visas, work authorization, and defending against deportation. However, couples should be aware that if they plan to relocate to another state, their marriage may face legal challenges depending on that state’s laws. Some states explicitly void all foreign cousin marriages or marriages conducted by state residents outside their home state.
Legal Penalties for Prohibited Marriages
While first cousin marriages are legal in New York, it’s important to understand the penalties that exist for prohibited marriages. For relationships that are deemed incestuous and void under Section 5, both parties face fines of not less than fifty nor more than one hundred dollars, and may additionally be imprisoned for up to six months.
Any person who knowingly and willfully solemnizes such a prohibited marriage or aids in its solemnization is guilty of a misdemeanor and faces similar fines or imprisonment. These penalties underscore the importance of understanding which relationships fall under legal prohibitions and which do not.
Making an Informed Decision
Deciding to marry a first cousin in New York is a personal choice that involves weighing legal permissions, genetic considerations, cultural factors, and family dynamics. While New York law places no barriers before cousin couples seeking to marry, prospective partners should consider genetic counseling to understand their specific risk factors, especially if genetic disorders run in the family.
Couples should also think about their long-term plans, including potential relocation to states where their marriage might not be recognized or could face legal challenges. Understanding that only 0.2 percent of American marriages are between cousins also highlights the social considerations that may arise.
Ultimately, New York’s permissive stance on cousin marriage reflects the state’s approach to personal liberty in marriage decisions, contrasting with the more restrictive policies adopted by the majority of American states. Whether planning to exercise this legal right or simply seeking to understand New York’s marriage laws, being informed about the legal landscape, scientific evidence, and practical implications ensures that any decision made is a well-considered one.
Leave a Reply