Is It Illegal to Marry Your Cousin in Alabama? Here’s What the Law Says

Is It Illegal to Marry Your Cousin in Alabama Here's What the Law Says

Marrying your first cousin is legal in Alabama, with no state restrictions or special permissions required beyond standard marriage license rules. Alabama Code § 13A-13-3 explicitly permits first-cousin unions while prohibiting closer relations like siblings or parents. This places Alabama among 15 states allowing such marriages without genetic counseling mandates.

Alabama Marriage Prohibitions

Alabama law bans marriages between parents and children, siblings (whole or half), grandparents and grandchildren, aunts/uncles and nieces/nephews, and step-relations in direct lines. First cousins, including double first cousins, face no such bar, distinguishing Alabama from states like Texas where it’s criminalized. Common-law marriages remain valid if established before 2017.

Obtaining a License

Couples apply at any county probate court, providing ID, proof of age (16+ with consent, 18+ without), and paying $73–$80 fees. No blood tests or waiting periods apply for cousins; licenses issue immediately for 30-day use. Non-residents qualify, but some counties require local ceremonies. Same-sex cousin marriages follow identical processes post-Obergefell.

Health and Genetic Risks

First-cousin offspring face 3–4% higher risk of recessive genetic disorders versus 2–3% general population, prompting optional counseling. Alabama imposes no testing, but experts recommend family history reviews. Adoption or assisted reproduction can mitigate concerns for planning couples.

Social and Cultural Context

While legal, cousin marriage carries stigma in some U.S. communities, rooted in health fears despite low absolute risks. Alabama’s rural traditions show higher acceptance, with no enforcement against valid cousin unions. Immigration recognizes Alabama cousin marriages if performed legally here.

Potential Challenges

Bigamy voids marriages; fraud or coercion invites annulment. Out-of-state recognition varies—some ban but honor Alabama licenses via full faith and credit. Inheritance rights match non-cousin spouses, but wills should specify heirs.

SOURCES:

  • https://www.worldlawdigest.com/usa/is-cousin-marriage-legal-in-alabama
  • https://www.lawinfo.com/resources/family-law/alabama/

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