Marriage between cousins is a complex legal issue in the United States, with laws differing significantly from state to state. In New Mexico, however, the law is clear and relatively permissive compared to many other states.
First Cousin Marriage Is Legal in New Mexico
New Mexico law explicitly allows first cousins to marry. There are no prohibitions against marriages between first cousins, and such unions are recognized as valid under state law. This is in contrast to many other U.S. states, where first cousin marriage is either restricted, requires special conditions, or is outright prohibited.
Legal Statutes and History
- Current Statute: New Mexico’s marriage laws, specifically Section 40-1-7 of the New Mexico Statutes, list which familial relationships are prohibited from marrying. These include marriages between grandparents and grandchildren, parents and children, siblings (full or half), uncles and nieces, and aunts and nephews. Notably, first cousins are not included in this list of prohibited relationships.
- Historical Context: The law once prohibited cousin marriage, but this restriction was repealed in 1880. Since then, New Mexico has not reinstated any prohibition on cousin marriage. The current law reflects this change, making cousin marriage legal in the state.
Marriage License Process
- Application: Couples wishing to marry in New Mexico must apply for a marriage license at a county clerk’s office. There is no residency requirement, so out-of-state couples can also marry in New Mexico.
- Disclosure: While some county clerks may ask if applicants are related, a first cousin relationship does not prevent the issuance of a marriage license.
Types of Cousin Relationships Allowed
- First Cousins: Legal to marry in New Mexico.
- Half First Cousins, Second Cousins, and More Distant Cousins: Also legal to marry in New Mexico.
Religious Considerations
While civil law allows cousin marriage, religious institutions may have their own requirements. For example, the Roman Catholic Church may require a dispensation for first cousins to marry in a church ceremony, but this is a separate process from the state’s legal requirements.
Recognition by Other States
It is important to note that while New Mexico recognizes first cousin marriages, some other states do not. If you marry your cousin in New Mexico and move to a state where such marriages are not recognized, you may encounter legal complications regarding marital status.
Summary Table: Cousin Marriage in New Mexico
| Relationship | Legal to Marry in NM? | Notes |
|---|---|---|
| First Cousin | Yes | No age or residency restrictions |
| Half First Cousin | Yes | |
| Second Cousin | Yes | |
| Sibling | No | Prohibited and void |
| Uncle/Niece, Aunt/Nephew | No | Prohibited and void |
It is legal to marry your first cousin in New Mexico. The state’s laws do not prohibit such marriages, and the process for obtaining a marriage license is the same as for any other couple.
However, couples should be aware of possible religious restrictions and the fact that their marriage may not be recognized in all other states. If you have specific concerns or unique circumstances, consulting a qualified family law attorney in New Mexico is recommended for the most up-to-date guidance.
SOURCES:-
[1] https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
[2] https://www.nmlegis.gov/Sessions/24%20Regular/bills/house/HB0242.HTML
[3] https://www.findlaw.com/state/new-mexico-law/new-mexico-annulment-and-prohibited-marriage-laws.html
[4] https://dataminingdna.com/can-first-cousins-marry-in-new-mexico/
[5] https://law.justia.com/codes/new-mexico/chapter-40/article-1/section-40-1-7/
