Maine law prohibits first-cousin marriages in most cases, reflecting concerns over genetic risks, but includes a narrow exception with genetic counseling.
Legal Prohibitions
Under Maine Revised Statutes Title 19-A, §701, marriages between close blood relatives like parents, siblings, aunts, uncles, nieces, nephews, and first cousins are banned.
First cousins specifically—the children of siblings—fall under this restriction unless they meet a key requirement.
The exception allows first cousins to marry if they provide a physician’s certificate confirming they’ve received genetic counseling, filed with their marriage intentions. Even then, the state may deny the license at its discretion.
Genetic Counseling Requirement
This counseling verifies understanding of potential health risks to offspring, such as higher chances of recessive genetic disorders. Couples file intentions via VS-2A form, noting cousin status on line 36, and submit the certificate to the clerk.
Out-of-state cousin marriages aren’t recognized in Maine, potentially leading to fines or legal issues if discovered. Third cousins and beyond face no such barriers, as genetic overlap is minimal.
Historical and Regional Context
Maine joins seven states requiring conditions for first-cousin unions, unlike 19 states allowing them outright. Neighboring New Hampshire bans them strictly, making Maine’s provision relatively permissive within New England.
These rules stem from early 20th-century eugenics-influenced laws, now focused on informed consent rather than outright bans.
State-by-State Comparison
| State | First-Cousin Marriage Status | Key Conditions |
|---|---|---|
| Maine | Allowed with exception | Genetic counseling certificate |
| New Hampshire | Strictly prohibited | No exceptions |
| North Carolina | Allowed, except double first cousins | Rare double-cousin ban |
| Arizona | Allowed if infertile or over age limit | Age/fertility proof |
| California | Fully legal | No restrictions |
Maine balances caution with flexibility compared to peers.
Practical Steps for Couples
File intentions at a local municipality or Maine Vital Records, including notarized VS-2A and counseling proof for cousins. Consult a physician early, as the state scrutinizes compliance under §§651-652.
Legal experts advise checking updates, as statutes evolve—current as of 2026. Beyond legality, cultural stigma persists, though rates remain low nationwide.
Drive informed decisions in Maine’s regulated family laws.
SOURCES :
- https://wcyy.com/is-it-illegal-to-marry-your-first-cousin-in-maine/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
