Legality of Cousin Marriages in Florida
First cousin marriages are legal in Florida. The state does not prohibit marriage between cousins, including first cousins, under its marriage laws.
What the Law Says
- Florida Statute § 741.21 prohibits marriages between people related by lineal consanguinity (direct bloodline: parent, child, grandparent) and also bans marriages between siblings, uncles/aunts and nieces/nephews.
- Notably, there is no prohibition against marrying a cousin, including first cousins. The law is explicit about which relationships are forbidden, and cousins are not included in that list.
Criminal Law Perspective
- Florida criminal law (Statute 826.04) makes it a crime to marry or have sexual relations with certain close relatives (lineal consanguinity, siblings, uncles/aunts, nieces/nephews), but again, cousins are not included in these prohibitions.
- Case law and legal commentary confirm that cousin marriages are not criminalized in Florida.
Florida Among States Allowing Cousin Marriage
- Florida is one of 17 or 18 states where first cousin marriage is explicitly legal.
- There are no special requirements or conditions (such as age or infertility) for cousins to marry in Florida, unlike some other states that impose such restrictions.
Summary Table
| Relationship Type | Marriage Legal in Florida? |
|---|---|
| Parent/Child, Grandparent/Child | No |
| Siblings | No |
| Uncle/Aunt & Niece/Nephew | No |
| First Cousins | Yes |
Key Takeaways
- First cousin marriages are legal in Florida.
- The law prohibits marriage only between direct blood relatives and a few other close relationships, not cousins.
- No special conditions or genetic counseling are required for cousins to marry in Florida.
If you are considering marrying your cousin in Florida, you are legally permitted to do so without any additional legal hurdles specific to cousin relationships.
Sources
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
- https://www.rpfoley.com/incest-marrying-or-having-sex-with-a-blood-relative-florida-stat.html
- https://isthatlegal.org/question-is-it-legal-to-marry-your-first-cousin/
- https://law.justia.com/codes/florida/title-xliii/chapter-741/section-741-21/
- https://www.newsweek.com/map-states-marry-cousin-tennessee-ban-1889727
