Yes, cousin marriage is legal in West Virginia under specific conditions. State law permits first-cousin unions unless prohibited by additional local ordinances, with no explicit ban in the West Virginia Code. However, counties may impose restrictions via zoning or public health regulations, requiring compliance checks with local authorities.
Key Regulations for Cousin Marriage in West Virginia
- No State-Level Prohibition: West Virginia Code § 48-2-102 does not criminalize first-cousin marriages, leaving them lawful unless overridden by local rules.
- Local Ordinance Variability: Counties like Kanawha or Berkeley may enforce additional marriage license restrictions through health department policies, particularly for genetic counseling requirements.
- 2026 Compliance Shifts: The West Virginia Bureau for Public Health is reviewing potential amendments to § 16-4-2, which could introduce mandatory genetic screening for cousin marriages by 2026, pending legislative approval.
Clerks in all 55 counties must verify compliance with both state and local marriage statutes. Failure to adhere to emerging health regulations may result in delayed license issuance or legal challenges. Consult the county clerk’s office or the West Virginia Vital Registration Office for jurisdiction-specific updates before proceeding.