Florida’s laws regarding marriage between cousins are clear and distinguish the state from many others in the U.S., where such marriages are often restricted or outright banned. Here’s a comprehensive look at what the law says about cousin marriage in Florida, including legal, social, and practical considerations.
Legal Status of Cousin Marriage in Florida
- First Cousin Marriage Is Legal
In Florida, it is legal for first cousins to marry. The state does not prohibit marriage between first cousins, nor does it impose special conditions or require genetic counseling for such unions. This distinguishes Florida from the 24 states that ban first cousin marriage and the handful that allow it only under specific circumstances (such as infertility or advanced age). - No Criminal Penalties
Florida law does not criminalize sexual relations or cohabitation between first cousins. The state statutes that prohibit incestuous marriages are specific: they only bar marriage between individuals related by lineal consanguinity (such as parent-child or grandparent-grandchild), siblings, uncles and nieces, or aunts and nephews. First cousins are not included in this list, making such marriages fully legal. - Other Types of Cousin Marriages
Florida also allows marriage between first cousins once-removed, half-cousins, and cousins through adoption. This broad legal acceptance covers most cousin relationships that might arise.
Relevant Florida Statutes
- Florida Statute 741.21
This statute explicitly prohibits marriage between close blood relatives such as siblings, uncles, aunts, nephews, and nieces, but does not include first cousins in its prohibitions. - Florida Statute 826.04
This statute criminalizes incestuous marriages and sexual relations, but again, the language is specific to lineal relatives and does not apply to first cousins.
Comparison with Other States
| State | First Cousin Marriage Legal? | Special Conditions? |
|---|---|---|
| Florida | Yes | None |
| Georgia | Yes | None |
| California | Yes | None |
| Texas | No | N/A |
| Arizona | Yes, but only if both are 65+ or infertile | Age or infertility required |
| Tennessee | Legal (but may soon be banned) | Pending legislation |
In contrast to Florida, many states either ban cousin marriage outright or allow it only under restrictive conditions.
Social and Practical Considerations
- Prevalence
Although legal, cousin marriage is not widespread in Florida or the United States as a whole. The practice is more common in certain cultures and communities, but overall incidence is low. - Health and Genetics
Concerns about genetic risks to children born of first cousin marriages persist, but recent studies suggest the risks, while elevated compared to unrelated couples, may not be as high as once assumed. - Recognition of Out-of-State Marriages
Florida recognizes cousin marriages performed in other states where such unions are legal, and there are no statutes voiding out-of-state cousin marriages for Florida residents.
Summary
- Marrying your first cousin is legal in Florida. There are no special restrictions, conditions, or criminal penalties associated with such marriages in the state.
- Florida law only prohibits marriages between individuals who are lineal relatives, siblings, uncles/aunts, and nephews/nieces-not cousins.
- Florida is among 17–18 states in the U.S. where first cousin marriage is fully legal, reflecting a more permissive stance than the national average.
If you are considering marrying your cousin in Florida, you are fully within your legal rights to do so, and the state imposes no extra requirements or penalties for such a union.
Sources:
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.insideedition.com/gallery/kissing-cousins-states-where-marrying-your-relative-legal-48234
- http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799%2F0741%2FSections%2F0741.21.html
- https://www.rpfoley.com/incest-marrying-or-having-sex-with-a-blood-relative-florida-stat.html
- https://www.draslamabdullah.com/post/first-cousin-marriage-laws-in-the-u-s
