Marrying a cousin often sparks curiosity—and controversy. Legality varies across jurisdictions, fueling debate about inheritance, genetics, and social acceptance. But what does Florida law say? As of 2025, marrying your cousin in Florida is legal—but let’s unravel the details, implications, and comparisons to fully understand what this means for couples considering such a union.
Understanding “Consanguinity” in Florida Law
The term “consanguinity” refers to blood relationships. In Florida, the law distinguishes between lineal relationships (like parent and child) and collateral ones (like cousins).
Lineal relationships involve direct descent and are strictly prohibited for marriage. These include parent-child, grandparent-grandchild, and sibling relationships. Collateral relationships, such as cousin relationships, are less restrictive under Florida law.
Florida statutes ban marriages between siblings, aunts and nephews, and uncles and nieces—but they do not prohibit marriages between first cousins. This legal omission is interpreted by the courts and clerks of court as permission. Therefore, cousin marriages are legally valid and recognized throughout the state.
What Florida Statutes Say (and Don’t Say)
Florida Statute 741.21 prohibits incestuous marriages between closely related individuals. These include:
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Parents and children
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Siblings (whole or half)
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Aunts/uncles with nieces/nephews
Notably, first cousins are not listed under the prohibited relationships. Additionally, Florida’s criminal code (Statute 826.04) addresses unlawful sexual conduct among close relatives, but again, excludes cousins.
This means there are no criminal or civil penalties for cousin marriages in Florida, and such unions are fully recognized under the law.
First Cousin Marriage Across the U.S.
Marriage laws involving cousins vary widely across the United States:
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Permitted: In states like Florida, California, New York, and Massachusetts, cousin marriage is fully legal.
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Prohibited: In around 24 states—including Texas, Kentucky, and West Virginia—cousin marriage is banned, often with criminal penalties.
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Conditional: A few states permit it under certain circumstances (e.g., age restrictions, infertility, or genetic counseling), such as Maine or Utah.
Florida remains one of the more permissive states, with no legislative efforts underway in 2025 to reverse this stance.
Cultural and Historical Perspectives
Historically, cousin marriage was not uncommon in many parts of the world. In fact, it was often encouraged in some cultures to preserve wealth, maintain familial ties, or uphold social hierarchies.
In the United States, the trend has shifted toward disfavoring cousin marriages due to social stigma and early 20th-century eugenics campaigns. By 1960, only around 0.2% of Catholic marriages in the U.S. were between cousins. Today, it’s still relatively rare, but legal where permitted.
Famous cousin marriages in history include:
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Franklin and Eleanor Roosevelt (fifth cousins once removed)
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Charles Darwin and his first cousin Emma Wedgwood
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Albert Einstein and Elsa Löwenthal (his first cousin on his mother’s side)
In many immigrant communities across the U.S., cousin marriage remains culturally accepted, particularly among Middle Eastern, South Asian, and North African populations.
Genetic Risk: Myth Versus Reality
One of the most common concerns about cousin marriage is the perceived genetic risk to children.
Scientific studies show that:
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The general population’s risk of birth defects is about 3–4%.
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First cousins who marry increase that risk to around 4–7%.
This represents a modest increase, not a dramatic spike. Many geneticists argue that cousin couples without known inherited diseases face risks comparable to women who give birth at an older age.
In Florida, there is no legal requirement for genetic counseling, but it’s recommended for cousin couples planning to have children. Other states, like Maine, mandate counseling, but Florida leaves it to personal discretion.
Legal Benefits and Practical Concerns
Cousin couples in Florida enjoy all the same legal rights and responsibilities as any other married couple. This includes:
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Spousal benefits under Social Security, Medicare, and private insurance
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Tax advantages for joint filing
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Parental rights over children
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Hospital visitation and medical decisions
However, there are a few areas where extra planning is advisable:
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Inheritance rights: Without a will, Florida’s intestate succession laws prioritize closer blood relatives, which could complicate inheritance for cousin-spouses if one dies unexpectedly.
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Social acceptance: Cousin couples may face social stigma, especially in more conservative or religious communities. Legal standing doesn’t erase potential interpersonal tensions with extended family or friends.
Marriage Requirements in Florida for Cousin Couples
Whether you’re marrying your first cousin or not, the same standard process applies in Florida. Here’s what’s required:
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Age: Both individuals must be at least 18 years old (or 17 with parental and judicial consent).
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License: A valid marriage license must be obtained from a county clerk.
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Waiting period: Florida residents have a mandatory 3-day waiting period unless they complete a state-approved premarital course. Out-of-state residents are exempt.
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No blood test: Florida does not require a medical exam or blood test for marriage.
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Officiant: The ceremony must be performed by an authorized person, such as a notary public, judge, or ordained minister.
Real-World Statistics and Prevalence
Accurate data on cousin marriage in Florida is scarce because the state does not track relationships between spouses beyond basic demographics. However, nationwide, cousin marriages account for an estimated 0.2%–0.5% of all U.S. marriages.
The numbers are slightly higher in immigrant communities from countries where cousin marriages are customary. In parts of South Florida—such as Miami and Orlando—where diverse populations thrive, cousin marriages do occur more frequently than in rural or predominantly white areas.
Why Some States Ban Cousin Marriage While Florida Does Not
States that ban cousin marriage often cite historical fears of inbreeding and congenital diseases. These concerns peaked during the early 1900s during the eugenics movement, which pushed for strict regulation of reproduction.
Other states justify the ban on moral or religious grounds, or claim it reflects public policy interests in safeguarding family structures.
Florida lawmakers, however, have taken a different stance. By focusing legal restrictions on more immediate relationships—such as siblings or parent-child—the state acknowledges cousin marriages as less problematic. In fact, there has been no significant push to amend Florida law on this issue for decades.
Practical Advice for Cousins Planning to Marry in Florida
If you and your cousin are considering marriage in Florida, here are some practical steps to make the process smooth and legally sound:
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Obtain legal counsel to help draft wills or estate plans that account for your relationship
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Consult a genetic counselor to understand any risks, especially if you plan to have children
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Prepare for family conversations, especially if relatives may object
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Document everything properly—marriage license, name changes, power of attorney, and insurance beneficiaries
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Be informed about relocation: If you move to a state that bans cousin marriage, check whether it recognizes out-of-state marriages
What Happens If You Move Out of Florida?
One concern for cousin couples is whether their marriage will be valid in other states. Some states that prohibit cousin marriage do not recognize such unions, even if performed legally elsewhere.
However, most U.S. jurisdictions tend to honor marriages that were valid where they were performed, especially if the couple is already residing in a new state. The U.S. Constitution’s Full Faith and Credit Clause offers some protection, though individual state courts may interpret it differently.
If you’re considering a move out of Florida, it’s wise to consult a family law attorney in your destination state.
Future Legislative Outlook
As of 2025, there are no active bills in the Florida legislature aimed at restricting cousin marriages. However, legislation can change quickly.
Elsewhere, states like Connecticut have passed new restrictions recently. This signals a potential trend toward stricter cousin marriage laws in parts of the country.
Florida, however, continues to prioritize individual choice in personal relationships. Unless public pressure or controversy arises, cousin marriage is likely to remain legal and recognized in the state.
Conclusion
So, is it illegal to marry your cousin in Florida in 2025? Absolutely not. Florida law allows cousin marriages, and such unions are granted full legal recognition. While cousin marriage remains rare and culturally sensitive, couples who choose this path in Florida do so with the backing of a clear legal framework.
Whether for love, tradition, or personal choice, marrying a cousin in Florida is a decision protected under state law. With careful planning, informed decisions, and legal support, couples can move forward confidently and lawfully.
For those considering such a union, it’s crucial to understand not only the law, but also the social, medical, and emotional dimensions that come with it. But from a strictly legal standpoint, Florida says yes—you can marry your cousin.
