No, it is not illegal to marry your first cousin in South Carolina. State law permits first-cousin marriages while strictly prohibiting closer relatives like siblings or parents.
South Carolina Marriage Code
South Carolina Code Section 20-1-40 lists prohibited relationships but omits first cousins, making such unions legal. The statute bars men from marrying mothers, sisters, nieces, aunts, or similar kin, with parallel rules for women; cousins are absent from this list. Couples apply for a marriage license at any county probate court, valid statewide, without disclosing cousin status on forms.
Types of Allowed Cousins
First cousins (sharing grandparents), half-first cousins, first cousins once removed, and more distant relations like second or third cousins may all marry legally. No genetic testing or age restrictions apply specifically to cousins, unlike some states. Out-of-state couples can wed here, as non-residents qualify for licenses.
Historical and National Context
South Carolina aligns with 18 states plus D.C. allowing unrestricted first-cousin marriage as of 2025, including neighbors Georgia and North Carolina. Unlike incest bans under Section 16-15-20 (covering siblings and direct ancestors), cousin marriage carries no criminal penalty. Cultural acceptance varies, but legality holds firm.
License Process
Applicants complete forms online or in-person at probate courts like Charleston or Greenville; no relationship questions appear. A 24-hour wait applies after application, with licenses valid for 30 days. Clerks rarely probe relations, but honesty is advised if asked.
Genetic and Social Considerations
First-cousin couples face slightly higher risks of birth defects (3-4% vs. 2-3% general), but no mandate exists for counseling. For community leaders or educators discussing family dynamics, this legality supports youth guidance on relationships without legal fears.
Recognition in Other States
Marriages valid in South Carolina are recognized elsewhere unless the home state voids out-of-state cousin unions explicitly. Double-check residency laws before planning.
SOURCES:
- https://www.dataminingdna.com/can-first-cousins-marry-in-south-carolina/
- https://www.scstatehouse.gov/code/t20c001.php
