Yes, cousin marriage is legal in Florida with specific statutory constraints.
Florida permits first-cousin marriages under F.S. § 741.21, provided neither party is already married or within prohibited degrees of consanguinity. The state’s 2023 legislative session introduced no new restrictions, but local clerks of court retain discretion in issuing licenses under F.S. § 28.28(2), requiring applicants to certify compliance with § 741.21. No county-level ordinances override state law, though Miami-Dade’s clerk historically flags applications for additional review. Florida’s 2026 compliance framework (per F.S. § 741.04(1)) mandates premarital counseling for all applicants, indirectly affecting cousin marriages by extending processing timelines.
Key Regulations for Cousin Marriage in Florida
- Prohibited Degrees: Marriage between siblings, half-siblings, or direct lineal descendants (e.g., parent-child, grandparent-grandchild) is illegal under F.S. § 741.21(1).
- License Requirements: Applicants must file a signed affidavit confirming no prior marriages and compliance with § 741.21, reviewed by the county clerk per F.S. § 28.28(2).
- Counseling Mandate: Effective 2026, all marriages (including cousin unions) require premarital counseling under F.S. § 741.04(1), delaying license issuance by 3–5 days.