Can You Marry Your Cousin in Texas? Felony Law and Loopholes

You can marry your cousin in Texas only if the relationship is more distant than first cousin. First cousin marriage is not technically listed as void under the Texas Family Code, but the state blocks it in two practical ways: the marriage license application requires both applicants to swear they are not first cousins, and sexual relations between first cousins is a third-degree felony. Second cousins and anyone more distantly related can marry without restriction.

Why First Cousin Marriage Is Effectively Prohibited

Texas Family Code Section 6.201 lists the family relationships that make a marriage automatically void: ancestor and descendant, sibling, aunt or uncle, and niece or nephew, in each case including half-blood and adoptive relationships.¹ First cousins are not on that list. A 2012 Texas Attorney General opinion request confirmed as much, concluding that “marriages between first cousins are valid under Texas law.”²

That gap in the void-marriage statute no longer settles the question. Two other provisions do the work of a prohibition.

The Marriage License Application Blocks the Door

Texas Family Code Section 2.004 sets out the sworn statements each applicant must make on a marriage license application. One of them is a certification that the other applicant is not “a son or daughter of a parent’s brother or sister, of the whole or half blood or by adoption.”³ That is the legal description of a first cousin.

Both applicants sign the application under oath. Answer honestly as first cousins, and the county clerk has grounds to refuse the license. Answer falsely, and you have made a false sworn statement on a government document. There is no third option on the form.

Sexual Relations Between First Cousins Is a Felony

The sharper consequence comes from the criminal code. Texas Penal Code Section 25.02 makes it an offense to engage in sexual intercourse with “the son or daughter of the actor’s aunt or uncle of the whole or half blood or by adoption.” That covers first cousins. The offense is a third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000.⁴

Marriage is not a defense. The statute applies regardless of marital status, so first cousins who somehow obtained a license would still face felony exposure for the relationship itself.

Which Cousins Are Covered

First cousins are the children of siblings. They share a set of grandparents. The license disclosure and the criminal statute both reach half first cousins as well, because each provision explicitly includes relationships “of the whole or half blood.”³⁴ Adoptive first cousin relationships are also covered.

Second cousins share great-grandparents, not grandparents. They do not appear in the void-marriage statute, the license disclosure, or the criminal statute. Marriage between second cousins is legal in Texas without restriction, and the same is true of any relationship more distant than that. First cousins once removed (the child of your first cousin, or your parent’s first cousin) are not named in any of the three provisions either.

Marrying in Another State

More than a dozen states allow first cousin marriage, and the general rule is that a marriage valid where it was performed is valid elsewhere. Two things can override that rule: a state’s marriage-evasion law, which targets couples who leave specifically to escape local restrictions, and the public-policy exception, which lets courts refuse recognition when a marriage conflicts with the state’s core policies.

The 2012 AG opinion took the view that because Texas law did not explicitly void first cousin marriages or declare them against public policy, an out-of-state first cousin marriage would likely be recognized in Texas.² That opinion predates the current license disclosure. The felony prohibition on sexual conduct between first cousins is a strong signal of state policy, and a court today could reach a different answer. Expect uncertainty rather than a clear yes.

Immigration Complications

If one spouse is not a U.S. citizen, the stakes rise. USCIS requires a marriage to be valid both where it was performed and in the state where the couple lives or plans to live. If the marriage would offend that state’s public policy, USCIS can deny the immigration petition.⁵

For first cousins who married in a permissive state and plan to live in Texas, that review is a real risk. Given the Texas criminal statute, an officer could conclude that the marriage conflicts with Texas public policy. These decisions are made case by case, and a Request for Evidence asking the couple to demonstrate that Texas will recognize the marriage is a realistic possibility.

Lying on the Application

Because the license application is a sworn document, a false answer on the first-cousin certification is more than a paperwork problem. Texas Penal Code Section 37.10 criminalizes false entries in and alterations to government records, with charges ranging from a misdemeanor to a felony depending on the facts and intent. If the false application was used to obtain other benefits through the marriage, such as immigration status, insurance coverage, or tax treatment, prosecutors can add charges tied to the underlying fraud on top of the records offense.

The short version for anyone considering it: Texas has left a technical gap in its void-marriage statute, but the license, the penal code, and the immigration rules close around first cousins from three directions. Second cousins are free to marry. First cousins, in practice, are not.

1
State of Texas. Texas Family Code Section 6.201 – Consanguinity
2
Office of the Attorney General of Texas. Opinion Request Regarding Validity of First Cousin Marriages in Texas
3
State of Texas. Texas Family Code FAM 2.004 – Application Form
4
State of Texas. Texas Penal Code Section 25.02 – Prohibited Sexual Conduct
5
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6, Part B, Chapter 6 – Spouses