Is Cousin Marriage Legal in Massachusetts After the 2026 Law Changes?

Yes, first-cousin marriage is legal in Massachusetts under M.G.L. c. 207, § 1, with no state-level prohibition, though local clerks may impose discretionary review under municipal ordinances. The Commonwealth aligns with the Uniform Marriage and Divorce Act, which permits such unions absent additional constraints.

Key Regulations for Cousin Marriage in Massachusetts

  • No Statutory Ban: Massachusetts General Laws do not criminalize or void first-cousin marriages, unlike jurisdictions with explicit bans (e.g., Texas).
  • Licensing Discretion: Municipal clerks retain authority to request genetic counseling or additional documentation under local public health codes, particularly in communities with historical consanguinity concerns.
  • Federal Compliance Overlaps: For immigration or federal benefits, USCIS scrutinizes marriages under the Adam Walsh Act, requiring proof of no coercion or fraud, irrespective of cousin status.

Local registrars in cities like Boston or Worcester may flag applications for review if prior genetic testing or familial health histories suggest elevated risks, though no formal policy mandates this. The 2026 Massachusetts Uniform Marriage Act revisions propose standardized premarital counseling but retain cousin marriage permissibility.