Santa Fe, NM – Curious whether it’s legal to marry your cousin in New Mexico? While cousin marriages remain controversial in many parts of the U.S., New Mexico law is among the most permissive, offering clarity where other states present restrictions or bans. Here’s what residents — and out-of-state couples — need to know about the legality of cousin marriage in the Land of Enchantment.
Yes, First Cousins Can Legally Marry in New Mexico
Unlike nearly half of U.S. states that prohibit or limit cousin marriages, New Mexico fully permits marriage between first cousins. There are no special restrictions, requirements, or conditions imposed for such unions. As long as both individuals meet the state’s general marriage requirements — such as age and consent — they can legally tie the knot.
Key Fact: “First cousin marriage has been legal in New Mexico since the repeal of earlier prohibitions in 1880.”
Who Is Not Allowed to Marry in New Mexico?
New Mexico law, under Section 40-1-7, outlines a list of relationships that are considered incestuous and absolutely void. These include:
- Parent and child
- Grandparent and grandchild (of any degree)
- Siblings (full or half)
- Uncle and niece
- Aunt and nephew
But first cousins are not listed, and therefore not prohibited under current law.
Marriage License Requirements in New Mexico
To get legally married in the state — cousin or not — couples must meet these criteria:
- Be at least 18 years old, or 16–17 with parental consent
- Appear in person at a county clerk’s office
- Present valid government-issued identification and social security numbers
- Pay a license fee (typically around $25–$35, varies by county)
There is no waiting period and no residency requirement, meaning out-of-state couples, including those from states where cousin marriage is banned, can legally marry in New Mexico.
Out-of-State Recognition of Cousin Marriages
While New Mexico will recognize cousin marriages performed in the state, other states may not. For example, states like Texas, Kentucky, and Mississippi criminalize cousin marriage and may not recognize the union for purposes such as inheritance, tax filing, or legal benefits.
Couples marrying in New Mexico should verify whether their home state honors the marriage if they plan to relocate or reside elsewhere.
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Religious Ceremonies vs. Civil Law
It’s worth noting that while the state law allows cousin marriage, religious institutions may set their own rules. For instance, the Roman Catholic Church may require a dispensation for cousins to marry within the church. Couples planning a faith-based ceremony should check with their religious leaders.
FAQs About Cousin Marriage in New Mexico
Is it legal to marry your first cousin in New Mexico?
Yes. The state has no laws prohibiting first cousin marriage.
Do you need to prove infertility or meet an age requirement?
No. There are no special conditions for cousin marriages in New Mexico.
Can non-residents marry their cousin in New Mexico?
Yes. The state welcomes all legal marriages and does not impose residency requirements.
It is not illegal to marry your cousin in New Mexico. In fact, New Mexico is one of the few states that allow cousin marriage without restriction. However, couples should remain mindful of social, familial, and interstate legal complications, especially if they plan to move elsewhere.
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