Is It Legal to Marry Your Cousin in Virginia?

Yes, it is legal to marry your cousin in Virginia. The state’s list of prohibited marriages in Virginia Code § 20-38.1 does not include cousins of any degree, so two first cousins can apply for a marriage license and wed on the same terms as any other couple.¹ Virginia is one of about half the U.S. states that permit first cousin marriage.

Why Cousin Marriage Is Allowed in Virginia

Virginia defines its marriage bars by statute, and if a relationship isn’t on the list, it isn’t prohibited. Section 20-38.1 names only three categories: a person who is already married, ancestors and descendants (including through adoption), siblings and half-siblings (including through adoption), and aunts, uncles, nieces, and nephews (full or half blood).¹ Cousins don’t appear anywhere in that statute.

The practical effect at the courthouse is that nothing about the application changes when the two applicants are cousins. There is no additional form, no genetic counseling requirement, and no special approval. The clerk’s office processes the license the same way it would for any unrelated couple.

Cousin marriage also carries no criminal exposure in Virginia. The incest statute, § 18.2-366, only reaches sexual conduct between people “forbidden by law to marry,” and first cousins are not on that list.²

Health Considerations Before You Marry

Virginia law does not require it, but cousin couples planning to have children sometimes choose to speak with a genetic counselor. Research estimates the risk of birth defects in children of first cousins is roughly 1.7 to 2.8 percentage points above the general-population baseline, largely because both parents are more likely to carry the same recessive gene variants. That elevated risk is real but modest, and a genetic counselor can assess a specific couple’s family history and give a more personal picture than a general figure can.

What About Second and Third Cousins

Second, third, and more distant cousins can marry in Virginia as well. The statutory line sits at aunts, uncles, nieces, and nephews, and every cousin relationship falls outside that line.¹ More distant cousins also share progressively less DNA, so the genetic considerations that apply to first cousins fade quickly.

Family Relationships Virginia Does Prohibit

If you’re checking whether Virginia allows your specific relationship, cousins are fine but other close relatives are not. The prohibited categories under § 20-38.1 are:

Ancestors and descendants in a direct line — parents, grandparents, children, grandchildren, and further — whether by blood or adoption.
Siblings, including half-siblings and adoptive siblings.
Aunts, uncles, nieces, and nephews, whether related through the full or half blood.¹

A still-existing prior marriage also blocks a new one. Section 20-38.2 extends the same prohibited categories to relationships created by marriage, and those bars survive after the earlier marriage ends by death or divorce.³ Step-siblings are not covered, because siblings by marriage alone don’t fall within the statutory categories.

Getting a Marriage License as Cousins

Both parties must appear together, in person, at any Clerk of the Circuit Court in Virginia. Section 20-16 requires each applicant to give the license information under oath, so you cannot apply by mail or send a proxy, and there is no remote or virtual option.⁴ You can use any circuit court clerk’s office in the state regardless of where you live or plan to hold the ceremony.

Both applicants must be at least 18. Virginia eliminated all exceptions to the minimum age, including emancipation, effective July 1, 2024, and any marriage involving a party under 18 solemnized on or after that date is void.⁵⁶

Bring your Social Security number or Virginia DMV control number. Photo ID requirements vary a bit by courthouse, so it’s worth calling ahead. If either of you was previously married, be ready with the date and location of the divorce or the former spouse’s death; some clerks accept a sworn statement, others want a certified copy of the decree. The application also asks for detailed information about each applicant’s parents, including the mother’s maiden name. Many clerks post a preliminary application online you can fill out before you arrive.

Virginia requires no blood test and no waiting period. The license fee is about $30 to $33 depending on the courthouse. Once issued, the license is valid for 60 days; if the ceremony doesn’t happen in that window, the license expires and you have to reapply and pay again.⁷

If You Move to Another State

A cousin marriage performed legally in Virginia will usually be recognized elsewhere, but not always. The traditional rule is that a marriage valid where it was celebrated is valid everywhere, and most states apply that principle even to marriages they wouldn’t have allowed within their own borders. A handful of states, however, treat first cousin marriages as void regardless of where the ceremony took place, and some have “marriage evasion” statutes aimed at residents who cross state lines to sidestep local restrictions. If you and your cousin might live somewhere else later, check that state’s marriage laws before you move.

Federal recognition doesn’t line up neatly either. The IRS treats any marriage that was legally performed where it happened as valid for federal tax purposes, so joint returns and spousal deductions travel with you.⁸ Social Security is different. The Social Security Administration looks to the law of the state where the worker was domiciled when benefits were claimed or at death, and it has specifically ruled that the cousin-marriage bar in a domicile state is a substantive defect that cannot be overlooked.⁹ A couple who married as cousins in Virginia but later lived in a state that voids cousin marriages could have a survivor benefits claim denied on that basis. Immigration adds another wrinkle: USCIS evaluates whether a marriage is valid both where performed and under the public policy of the state where the couple intends to reside, so a Virginia cousin marriage could draw scrutiny if the couple plans to settle in a state that bars it.

1
Virginia Code Commission. Virginia Code 20-38.1 – Certain Marriages Prohibited
2
Virginia Code Commission. Virginia Code 18.2-366 – Sexual Intercourse by Persons Forbidden to Marry; Incest; Penalties
3
Virginia Code Commission. Virginia Code Title 20 Chapter 3 – Unlawful Marriages Generally – Section: 20-38.2
4
Virginia Code Commission. Virginia Code 20-16 – Issuance of Marriage Licenses and Marriage Certificates
5
Virginia Code Commission. Virginia Code 20-48 – Minimum Age of Marriage
6
Virginia Code Commission. Virginia Code 20-45.1 – Void and Voidable Marriages
7
Virginia Code Commission. Virginia Code 20-14.1 – Duration of License
8
Internal Revenue Service. Same-Sex Marriages Now Recognized for Federal Tax Purposes
9
Social Security Administration. SSR 63-20 – Section 216(h) – Relationship – Validity of Marriage Between First Cousins