Yes, cousin marriage is legal in Texas under specific conditions. Texas Family Code § 6.201 permits first-cousin unions if neither party is currently married, both are 18+, and the union does not violate incest prohibitions under § 25.02. The Texas Department of State Health Services (DSHS) enforces these provisions, with county clerks verifying compliance during license issuance.
Key Regulations for Cousin Marriage in Texas
- Age and Marital Status: Both parties must be at least 18 years old and unmarried, as outlined in § 6.201. Proof of age (e.g., birth certificate) and divorce decrees (if applicable) are required by county clerks.
- No Ancestral or Sibling Relationships: Marriages between siblings, half-siblings, or direct lineal descendants (e.g., parent-child) remain prohibited under § 25.02, regardless of consanguinity degree.
- County Clerk Discretion: While state law permits cousin marriage, county clerks may impose additional scrutiny, particularly in border counties like El Paso or Hidalgo, where cultural practices influence enforcement.
Texas aligns with the majority of U.S. states permitting cousin marriage, though local interpretations of § 25.02 occasionally surface in rural jurisdictions. The DSHS’s 2023–2026 compliance guidelines emphasize uniform application, reducing discrepancies in license issuance. No 2026 legislative changes are pending, but stakeholders should monitor proposed amendments to § 6.201.