In New Mexico, it is legal for first cousins to marry. Unlike some states, which impose restrictions on cousin marriages, New Mexico allows individuals who are first cousins, or even more distantly related, to marry without facing legal consequences.
However, there are some important things to know about the process and the state’s laws regarding cousin marriages.
Types of Cousins That Can Get Married in New Mexico
New Mexico allows all types of cousins to marry, including:
- First cousins (those who share common grandparents)
- Half first cousins (first cousins through a half-sibling of your parent)
- First cousins once removed (children of your first cousins)
- Second, third, and fourth cousins, and beyond.
It’s important to clarify that only cousins can marry. Half-siblings, however, cannot marry in New Mexico.
If you are unsure about what constitutes a half-sibling relationship, it’s important to understand that these individuals share only one parent and are not legally allowed to marry in the state.
What You Should Know About First Cousin Marriages
If you’re a first cousin looking to get married in New Mexico, there are a few key steps you’ll need to follow:
- Marriage License: You must apply for a marriage license in person at a County Clerk’s office. The application form can usually be downloaded in advance, but you must wait until you are present at the office to sign it under oath, making the form valid.
- No Need to Be a Resident: You do not have to be a resident of New Mexico to marry there. However, keep in mind that some other states do not recognize first cousin marriages, so it’s important to check your home state’s laws if you plan to travel to New Mexico for the marriage.
- Form Questions: Some marriage license applications ask whether the couple is related, though the application form for Ontero County does not ask for this information. You may still be asked by the County Clerk if you are related, but first cousins are allowed to marry in the state, so just explain your relationship clearly.
Who Can’t Get Married in New Mexico?
While first cousins can legally marry, there are certain relationships that are prohibited under New Mexico law. These include:
- Marriages between parents and children
- Marriages between grandparents and grandchildren
- Marriages between half-siblings (whether they share one or both parents)
- Marriages between uncles and nieces, aunts and nephews
It’s important to note that a “full blood” brother or sister shares both parents, while “half-blood” refers to siblings who share only one parent.
Why First Cousins Are Legal to Marry
New Mexico’s laws don’t specifically state that first cousins are allowed to marry. Instead, the law simply doesn’t mention first cousins in the list of prohibited relationships, meaning they are not restricted. This legal gap has allowed first cousin marriages to be lawful in the state.
History of Cousin Marriages in New Mexico
Cousin marriages in New Mexico were not always allowed. Between 1876 and 1880, when New Mexico was still a territory, first cousin marriages were prohibited.
However, the law was repealed, likely due to cultural pressures, particularly from families of Spanish descent who traditionally accepted cousin marriages. When New Mexico became a state in 1912, the laws on cousin marriage remained relaxed and have stayed that way ever since.
Do Cousins Travel to New Mexico to Get Married?
New Mexico is bordered by several states, some of which do not allow first cousin marriages. Arizona and Colorado are two states that do allow such marriages.
People from neighboring states with stricter laws on cousin marriage may sometimes travel to New Mexico to marry, though there haven’t been significant concerns expressed by New Mexico legislators regarding this issue.
If you are planning to travel to New Mexico to marry a cousin, be aware that while New Mexico recognizes these marriages, your home state may not. Always check your state’s laws about recognition of cousin marriages before making plans.
Roman Catholic Marriages
While first cousin marriages are legal in New Mexico, there’s a different process for those wishing to marry in a Roman Catholic church.
The Catholic Church traditionally discouraged first cousin marriages. However, the church has become more flexible over time, and couples can now seek a dispensation (special permission) to marry within the church.
This process involves asking for approval from the church hierarchy. In contrast, second cousins and more distantly related individuals do not need such permission to marry in a Catholic Church.
In New Mexico, it is legal for first cousins to marry. The state does not impose restrictions on cousin marriages, and the marriage process is relatively straightforward. While you must apply for a marriage license in person, the law does not prevent first cousins from marrying.
If you plan to marry in a Roman Catholic church, you may need a dispensation, but for other religious ceremonies or civil weddings, the process is simple. Be sure to check the laws of your home state if you’re traveling to New Mexico for your wedding, as not all states recognize cousin marriages.
