Is It Illegal to Marry Your Cousin in Delaware?
In Delaware, marrying your first cousin is currently illegal. The state’s marriage laws explicitly prohibit marriages between first cousins, along with other close relatives such as siblings, half-siblings, and certain other familial relationships.
However, there is a recent development that could change how Delaware recognizes such marriages performed outside the state.
Current Law
As of now, Delaware is among the states that ban first cousin marriages. This prohibition is part of a broader set of laws that restrict marriages between close relatives to prevent potential genetic issues and maintain social norms. The law does not allow for exceptions based on age, fertility, or genetic counseling, unlike some other states.
Proposed Legislation
A new bill, Delaware House Bill 8, was introduced in January 2025 with the aim of recognizing first cousin marriages that are legally performed outside of Delaware.
This means that if a couple marries in a state or country where first cousin marriages are legal, their marriage would be recognized in Delaware. However, the bill does not legalize first cousin marriages within Delaware itself; it only acknowledges those performed elsewhere.
Rationale Behind the Bill
The inspiration for this legislation came from a constituent who faced difficulties in bringing his spouse, a first cousin, into Delaware due to the state’s non-recognition of their marriage. The federal government’s rejection of his application highlighted the need for Delaware to reconsider its stance on recognizing marriages performed in other jurisdictions.
Legal Landscape Across the U.S.
The legal status of first cousin marriages varies significantly across the United States. As of February 2025, 24 states prohibit such marriages, while 18 states allow them, and eight states permit them under certain conditions. Some states require genetic counseling or have age restrictions for these marriages.
International Perspective
In contrast to many U.S. states, no European country prohibits marriages between first cousins. These marriages are also legal in Canada and Mexico. This broader international context may influence how states like Delaware approach the issue.
While it remains illegal to marry your first cousin within Delaware, the proposed legislation could lead to a change in how the state recognizes such marriages performed elsewhere. This shift reflects a broader conversation about personal freedom and cultural differences in marriage laws. The bill’s progress will be closely watched as it moves through the legislative process.
Key Points Summary:
- Current Law in Delaware: First cousin marriages are prohibited.
- Proposed Legislation: Recognizes first cousin marriages performed outside Delaware.
- Rationale: To address issues faced by couples married in other jurisdictions.
- U.S. Legal Landscape: Varies by state, with some allowing first cousin marriages and others prohibiting them.
- International Perspective: First cousin marriages are legal in many countries outside the U.S
Sources:
- https://www.delawarepublic.org/politics-government/2025-02-02/delaware-legislature-introduces-bill-to-recognize-lawful-first-cousin-marriages
- https://www.draslamabdullah.com/post/first-cousin-marriage-laws-in-the-u-s
- https://www.coasttv.com/news/delaware-bill-seeks-to-recognize-first-cousin-marriages-valid-outside-the-state/article_a8ab616a-d843-11ef-b251-af52c3da5256.html
- https://delcode.delaware.gov/title13/c001/sc01/index.html
- https://legiscan.com/DE/bill/HB8/2025
