In Delaware, it is currently illegal to marry your first cousin within the state. However, recent legislative developments have introduced nuances to this prohibition.
Current Legal Status
- Delaware law explicitly prohibits marriages between first cousins. Such marriages are considered void and cannot be legally performed in the state.
- While the state bans first cousin marriages, it does allow sexual relations or cohabitation between first cousins.
Recent Legislative Changes: House Bill 8
In 2025, Delaware introduced House Bill 8, which proposes recognizing first cousin marriages that were legally performed in other jurisdictions. Here are the key details:
- Recognition of Out-of-State Marriages: If a first cousin marriage is legally performed in another U.S. state or foreign country where such unions are allowed, Delaware would recognize it as valid under this bill.
- No Legalization Within Delaware: The bill does not change the prohibition on performing first cousin marriages within Delaware itself. Couples cannot marry their first cousins in Delaware even if this legislation is enacted.
Rationale Behind the Bill
The bill was introduced to address challenges faced by couples who are legally married as first cousins elsewhere but move to Delaware. For instance:
- U.S. Immigration Services only recognizes marriages as valid if they are legal both in the jurisdiction where they were performed and in the state where the couple resides. This has created difficulties for families seeking reunification or residency in Delaware.
- The bill aims to prevent economic losses and hardships caused by couples being forced to relocate to states that recognize such marriages.
Broader Context in the United States
- Nationwide, laws regarding first cousin marriage vary widely:
- 18 states allow such marriages without restrictions.
- 24 states prohibit them outright, including Delaware.
- 8 states allow them with conditions, such as age restrictions or requirements for genetic counseling.
While marrying your first cousin remains illegal within Delaware, House Bill 8 introduces a significant exception by recognizing valid out-of-state or international first cousin marriages. This change reflects a growing acknowledgment of diverse cultural practices while maintaining the state’s prohibition on performing such unions locally.
Sources:
- https://legis.delaware.gov/BillDetail/141794
- https://legiscan.com/DE/bill/HB8/2025
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.delawarepublic.org/politics-government/2025-02-02/delaware-legislature-introduces-bill-to-recognize-lawful-first-cousin-marriages
- https://legis.delaware.gov/BillDetail?LegislationId=141900
