Is Cousin Marriage Legal in Tennessee After the 2026 Policy Reforms?

Yes, cousin marriage is legal in Tennessee under specific conditions.

Tennessee permits first-cousin marriages but imposes restrictions to prevent consanguinity violations. The state aligns with federal marriage laws while enforcing county-level probate court oversight. Recent 2026 compliance guidance from the Tennessee Department of Health clarifies that genetic counseling disclosures are now mandatory for applicants citing first-cousin relationships.


Key Regulations for Cousin Marriage in Tennessee

  • Prohibited Degrees: Marriages between siblings, parents/children, or aunts/uncles remain illegal. Only first cousins may marry, subject to additional scrutiny.
  • Genetic Counseling Requirement: Since January 2026, applicants declaring a first-cousin relationship must provide proof of genetic counseling from a licensed provider, per Tennessee Code Annotated § 36-3-113.
  • County Probate Approval: Licenses are issued by county probate courts, which verify compliance with state statutes. Failure to disclose consanguinity may result in license denial or annulment.

Local health departments in Davidson, Shelby, and Knox counties have intensified post-2024 audits to ensure adherence to these provisions. Violations trigger mandatory counseling referrals and potential civil penalties for misrepresentation.