Marriage between cousins is a topic that often sparks debate and confusion, especially since laws vary widely across the United States. In New Mexico, the legal landscape is clear and relatively permissive when it comes to cousin marriage. Here’s a comprehensive look at what New Mexico law says about marrying your cousin.
First Cousin Marriage: Legal Status
Marrying your first cousin is legal in New Mexico. The state’s marriage statutes explicitly prohibit marriages between close blood relatives such as siblings, parents and children, grandparents and grandchildren, uncles and nieces, and aunts and nephews.
However, first cousins are not included in the list of prohibited relationships. This means that first cousins can legally marry in New Mexico without restriction on age, provided both parties meet the general marriage requirements of the state.
Relevant Statutes and Legal History
New Mexico Statutes Section 40-1-7 outlines the relationships considered incestuous and absolutely void. These include marriages between:
- Grandparents and grandchildren (of all degrees)
- Siblings (full or half blood)
- Uncles and nieces
- Aunts and nephews
Notably, the statute does not mention cousins of any degree. In fact, historical annotations clarify that the prohibition on cousin marriage was repealed as far back as 1880. The law specifically states that “such parts of all laws as prohibit the marriage of cousins of any degree” were repealed, making cousin marriage legal in New Mexico ever since.
Marriage License Requirements
To get married in New Mexico, couples must:
- Apply for a marriage license in person at a county clerk’s office
- Present valid identification and social security numbers
- Meet the minimum age requirement (18, or 16–17 with parental consent; those under 16 need court approval)
There is no residency requirement, so out-of-state couples—including cousins from states where cousin marriage is illegal—may marry in New Mexico. However, it’s important to note that some other states may not recognize a cousin marriage performed in New Mexico if their own laws prohibit it.
Who Cannot Marry in New Mexico?
New Mexico law is strict about prohibiting marriages between:
- Parents and children
- Grandparents and grandchildren
- Siblings (full or half)
- Uncles and nieces
- Aunts and nephews
These relationships are considered incestuous and any such marriage is “absolutely void” under state law.
Frequently Asked Questions
Can first cousins marry in New Mexico?
Yes, first cousins can legally marry in New Mexico. The law does not prohibit such unions, and there are no special requirements or restrictions for cousin marriages.
Are there any restrictions for cousin marriage?
There are no specific restrictions for cousin marriage in New Mexico beyond the general requirements for all marriages (age, consent, etc.).
Can out-of-state cousins marry in New Mexico?
Yes, there is no residency requirement. However, couples should be aware that their marriage may not be recognized in their home state if that state prohibits cousin marriage.
What about religious ceremonies?
While civil law permits cousin marriage, some religious institutions, such as the Roman Catholic Church, may require a special dispensation for first cousins to marry in a church ceremony.
Marriage Between Relatives in New Mexico
| Relationship | Marriage Legal? |
|---|---|
| Parent/Child | No |
| Grandparent/Grandchild | No |
| Siblings (full or half) | No |
| Uncle/Niece, Aunt/Nephew | No |
| First Cousin | Yes |
| Second Cousin or further | Yes |
It is not illegal to marry your cousin in New Mexico. The state’s laws are clear: first cousins and more distant cousins are permitted to marry, and such marriages are recognized as valid. However, marriages between closer relatives (siblings, parent/child, uncle/niece, etc.) are strictly prohibited and void under state law. Anyone considering cousin marriage should also check the laws of other states if they plan to move, as recognition of such unions can vary.
Sources
- https://www.findlaw.com/state/new-mexico-law/new-mexico-annulment-and-prohibited-marriage-laws.html
- https://getordained.org/state-marriage-laws/new-mexico
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.themonastery.org/marriage-laws/new-mexico
- https://law.justia.com/codes/new-mexico/chapter-40/article-1/section-40-1-7/
