Yes, marrying your first cousin is illegal in West Virginia under state law. West Virginia Code §48-2-302 explicitly prohibits marriages between first cousins or double cousins related by blood. Violations constitute a misdemeanor with potential fines and jail time.
State Prohibitions
Section 48-2-302(a) states: A man cannot marry his first cousin or double cousin, and a woman cannot marry hers, alongside closer relatives like siblings or aunts/uncles.
Subsection (b) applies to blood relations (consanguinity) via common ancestors. Affinity-based relations (e.g., by marriage) also qualify under subsection (c), persisting post-divorce or death unless voided.
This blanket ban lacks exceptions for age, fertility, or genetics, unlike permissive states.
Exceptions Allowed
Adopted cousins (no blood tie) may marry, pending judicial review if contested. Distant relations like first cousins once removed or second cousins are legal. Proxy marriages are banned; both parties must appear.
Out-of-state cousin marriages may not be recognized if violating WV consanguinity rules.
Penalties for Violations
Under §48-2-503, consanguineous marriages are misdemeanors: up to $500 fine, 6 months in county/regional jail, or both.
Clerks deny licenses upon relationship disclosure; post-ceremony prosecution is possible but rare without complaints. Courts may annul invalid unions.
Application Process Insights
County clerks verify eligibility via affidavits; blood tests aren’t required. Applicants under 18 need consent; 16-17 requires guardian approval. No waiting period post-license (valid 60 days).
Comparisons and History
West Virginia joins 24 states banning first-cousin marriage, rooted in genetic risk concerns (double recessive disorders). Permissive states like California allow it outright. No 2025-2026 changes noted; law remains firm.
Practical Advice
Genealogy tools clarify degrees: first cousins share grandparents. Consult clerks or attorneys pre-application to avoid rejection. For adoptions, provide documentation. Out-of-state couples: wed elsewhere but expect recognition issues for WV benefits.
West Virginia upholds strict familial limits—confirm relations to ensure legality.
SOURCES :
- https://thewrangler.com/are-cousin-marriages-legal-in-west-virginia-heres-what-you-should-know/2025/06/26/
- https://theamm.org/marriage-laws/west-virginia/1376
