Is It Illegal to Marry Your Cousin in New Jersey? Here’s What the Law Says

by John
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Is It Illegal to Marry Your Cousin in New Jersey? Here's What the Law Says

Marriage laws in the United States can differ greatly from one state to another, especially when it comes to marrying a relative. A common question people ask is, “Can I legally marry my cousin in New Jersey?” Whether you’re asking for personal reasons or simply out of curiosity, it’s important to understand the legal rules and social context around cousin marriages in the Garden State. This article breaks down the laws, restrictions, and what you need to know if you’re considering marrying your cousin in New Jersey.

Cousin Marriage in New Jersey: What’s Legal?

New Jersey is one of the U.S. states that allows cousin marriages. According to New Jersey law, first cousins are legally permitted to marry one another. There are no special conditions or approvals required, unlike in some other states that may require genetic counseling or proof of sterility.

In short, yes — it is legal to marry your cousin in New Jersey.

Types of Cousin Relationships Permitted

New Jersey permits first cousin marriages, which means you can legally marry the child of your aunt or uncle. The law does not place restrictions on second cousins, third cousins, or more distant relatives, as these relationships are even further removed.

No Age-Based or Medical Restrictions Specific to Cousins

Unlike states that impose conditions on cousin marriages—such as requiring partners to be of a certain age, not able to reproduce, or to undergo genetic counseling—New Jersey does not impose these additional barriers. As long as both parties are legally eligible to marry (meaning they are of legal age and not already married), the law treats cousin marriages the same as any other.

Legal Requirements for Marriage in New Jersey

Even though cousin marriage is legal in New Jersey, you still need to follow the general requirements for obtaining a marriage license:

  • Age Requirement: Both parties must be at least 18 years old. If either person is 16 or 17, parental consent is required. Marriage under the age of 16 is prohibited in all cases.
  • Marriage License: You must apply for a marriage license at least 72 hours before the ceremony. The license is valid for up to six months from the date of issuance.
  • Not Currently Married: You cannot be legally married to someone else at the time of applying for the marriage license.

Why Is Cousin Marriage Legal in Some States and Not in Others?

The legality of cousin marriage in the United States varies based on historical, religious, and cultural factors. Some states prohibit cousin marriage due to concerns about potential genetic risks for offspring. However, research has shown that the risk of birth defects in children of first cousins is often lower than widely assumed, especially when compared to older maternal age or other genetic factors.

New Jersey’s law reflects a more liberal stance on marriage freedom, allowing consenting adults to marry regardless of their cousin relationship, without government interference.

Social Considerations

While cousin marriages are legal in New Jersey, they may still carry a social stigma. Public opinions vary widely, and some communities or families may not support such unions. It’s important to be aware of how your relationship might be viewed socially, even if it’s legally acceptable.

Federal Law and Recognition

Since cousin marriage is a state matter, federal law does not prohibit it, and a legal cousin marriage performed in New Jersey will be recognized in all other states and at the federal level. However, if you move to a state where cousin marriage is not allowed, you may face complications in legal matters like inheritance, custody, or spousal benefits—though such cases are rare.

Marrying your cousin in New Jersey is completely legal. The state places no restrictions on first cousin marriages and treats them just like any other marriage, as long as both individuals meet the general legal requirements for marriage. If you’re considering this step, it’s wise to understand not just the legalities but also the social implications. As with any major life decision, thoughtful planning and open communication are key.

SOURCES

[1] https://www.lawinfo.com/resources/family-law/new-jersey/
[2] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[3] https://nj1015.com/yes-you-can-marry-your-first-cousin-in-new-jersey/
[4] https://www.legalmatch.com/law-library/article/cousin-marriage-laws.html
[5] https://www.reddit.com/r/coolguides/comments/wg6h3q/a_map_of_where_it_is_legal_to_marry_your_first/

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