Marriage between cousins is a topic that often sparks debate, curiosity, and confusion, especially as laws vary significantly across the United States. In West Virginia, the rules are particularly clear and strictly enforced. Here’s a detailed look at what the law says about cousin marriage in the Mountain State.
Legal Status of Cousin Marriage in West Virginia
West Virginia law explicitly prohibits marriage between first cousins and double cousins. This ban is codified in the West Virginia Code §48-2-302, which lists the relationships within which marriage is not permitted. The law applies equally to both men and women and includes a range of close familial relationships, such as parents and children, siblings (including half-siblings), aunts and uncles with their nieces and nephews, and importantly, first cousins and double cousins.
The statute reads:
“A man is prohibited from marrying his mother, grandmother, sister, daughter, granddaughter, half sister, aunt, brother’s daughter, sister’s daughter, first cousin or double cousin. A woman is prohibited from marrying her father, grandfather, brother, son, grandson, half brother, uncle, brother’s son, sister’s son, first cousin or double cousin.”
This prohibition is based on consanguinity, meaning it applies to blood relatives who share a common ancestor.
Definitions: First Cousins and Double Cousins
- First Cousins: Individuals whose parents are siblings.
- Double Cousins: A rarer relationship, where two siblings from one family marry two siblings from another family, making their children cousins through both sets of grandparents.
Both first cousins and double cousins are explicitly included in the list of prohibited marriages in West Virginia.
Exceptions and Clarifications
- Adopted Cousins: The law makes a specific exception for cousins whose relationship is created solely by adoption. If you and your cousin are related only through adoption, the marriage ban does not apply.
- More Distant Cousins: The prohibition is strictly limited to first cousins and double cousins. Marriages between more distant relatives—such as first cousins once removed, second cousins, third cousins, and beyond—are legal in West Virginia.
Historical Context and Rationale
The ban on first cousin marriages in West Virginia has not always been in place. When the state joined the Union in 1863, there was no such restriction. The prohibition was added in 1955 and later amended in 1986 to clarify that it did not apply to relationships created solely by adoption.
The rationale behind these laws typically centers on concerns about genetic risks associated with close consanguineous marriages. Some geneticists have cited an increased risk of autosomal recessive disorders and congenital malformations in children born to closely related parents, though the actual risk is a subject of ongoing scientific discussion.
Marriage License Application Process
When applying for a marriage license in West Virginia, applicants are asked to disclose their relationship to each other. This is to ensure compliance with state law. If the relationship is more distant than first cousins, such as second cousins or first cousins once removed, applicants should be prepared to clarify this to the issuing official.
Comparison to Other States
West Virginia’s stance is among the stricter in the United States. As of 2025, 24 states prohibit first cousin marriage, while 18 allow it under various conditions. Some states have exceptions based on age or infertility, but West Virginia enforces a blanket ban with no special exceptions.
Summary Table: Who Can Marry in West Virginia?
| Relationship Type | Marriage Legal? |
|---|---|
| Sibling/Half-Sibling | No |
| Parent/Child | No |
| Aunt/Uncle with Niece/Nephew | No |
| First Cousin | No |
| Double Cousin | No |
| First Cousin Once Removed | Yes |
| Second Cousin or More Distant | Yes |
| Adopted Cousin (no blood relation) | Yes |
It is illegal to marry your first cousin or double cousin in West Virginia, regardless of age or circumstances. The law is clear and comprehensive, with the only exceptions being for relationships created solely by adoption or for more distant cousins. If you are considering marriage to a relative in West Virginia, it is essential to understand these legal boundaries and ensure compliance with state law
Sources:
- https://code.wvlegislature.gov/48-2-302/
- https://dataminingdna.com/can-first-cousins-marry-in-west-virginia/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.wtrf.com/west-virginia/can-i-legally-marry-my-cousin-in-west-virginia/
- https://codes.findlaw.com/wv/chapter-48-domestic-relations/wv-code-sect-48-2-302/
