It is legal to marry your first cousin in New Mexico under current statutes, with no prohibitions listed for cousins. The law voids only closer incestuous unions like parent-child or sibling marriages.
Current Legal Status
New Mexico Statutes § 40-1-7 explicitly bans marriages between grandparents and grandchildren, parents and children, siblings (full or half-blood), uncles/nieces, and aunts/nephews, declaring them incestuous and void.
First cousins fall outside this list, making such marriages valid statewide. No age-specific waivers or genetic testing apply beyond standard marriage rules (age 16 with consent, 18 without).
Historical Context
Provisions once restricted cousins, but 1880 amendments repealed those bans, aligning with modern allowances.
New Mexico joins states like California and New York in permitting first-cousin unions without conditions. A 2024 bill (HB0242) proposed adding first cousins to prohibited degrees but did not pass into law.
Recognition Across States
Marriages valid in New Mexico hold here, but home states banning cousin marriage may refuse recognition for divorce or inheritance. Couples from restrictive states often wed in permissive ones like New Mexico.
Related Criminal Laws
Sexual relations with closer kin violate § 30-10-3 (incest), a felony, but first cousins face no such bar. No 2025-2026 changes altered marriage codes.
| Prohibited Relations | Legal? | Statute |
|---|---|---|
| First Cousins | Yes | None |
| Siblings | No | § 40-1-7 |
| Uncle/Niece | No | § 40-1-7 |
| Parent/Child | No | § 40-1-7 |
Health and Social Notes
Genetic risks exist but remain low (3-4% higher birth defects vs. unrelated couples); counseling is optional. Apply for licenses at county clerks; standard fees and waits apply. Consult nmlegis.gov for updates.
SOURCES :
- https://law.justia.com/codes/new-mexico/chapter-30/article-10/section-30-10-3/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
