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

Published On:
Is It Illegal to Marry Your Cousin in Maryland? Here's What the Law Says

When it comes to marriage laws, Maryland is one of the 19 states in the U.S. that allows first cousins to marry. While this may raise some eyebrows, especially in neighboring states where cousin marriages are prohibited or heavily regulated, Maryland has relatively relaxed rules compared to its peers.

The Law on Marrying Your Cousin in Maryland

Under Maryland law, marrying your first cousin is completely legal. This has made Maryland a popular destination for couples from surrounding states like West Virginia and Pennsylvania, where cousin marriages are either restricted or outright banned.

According to Raymond Walker, the Allegany County Circuit Clerk, “a lot of people come here because the marriage laws are easier.” While it’s not an everyday occurrence, it’s not uncommon for out-of-state couples to come to Maryland specifically for a marriage license.

For example, in Garrett County, about one or two cousin marriages occur annually, often from small Amish or Mennonite communities. Allegany County also sees three or four cousin marriages a year, typically from out-of-state residents who have researched the laws and decided to come to Maryland.

Key Marriage Laws in Maryland

While first cousins are allowed to marry, certain other familial unions are prohibited in Maryland:

Siblings, parents and children, and grandparents and grandchildren are strictly prohibited from marrying.

Step-relations (e.g., stepparents and stepchildren or parents-in-law and children-in-law) are also not allowed to marry.

The penalty for violating these marriage laws is severe: a $1,500 fine or permanent banishment from the state. This strict penalty underscores Maryland’s commitment to maintaining safe and healthy marriage practices, especially within close blood relations.

Cousin Marriages in Neighboring States

Maryland’s neighboring states have different rules regarding cousin marriages:

West Virginia used to prohibit cousin marriages but now allows them after a change in law. However, Pennsylvania still bans cousin marriages, stating simply that people who are related by blood cannot marry.

Virginia doesn’t prohibit cousin marriages but generally has different marriage regulations.

Delaware permits second cousins to marry but imposes certain restrictions.

For many couples from states with stricter marriage laws, Maryland offers an appealing alternative where cousin marriages can be legalized with less bureaucratic hassle.

The Role of RMV Clerks and Inquiries About Family Ties

Before issuing a marriage license, Maryland clerks routinely ask applicants if they are related. David K. Martin, the Garrett County Circuit Clerk, shares that he asks all applicants if they are related in any way. Some applicants, especially cousins, might feel uncomfortable when questioned, but it’s simply part of the legal process.

Interestingly, there have been rare cases where half-siblings unknowingly married, which can cause significant complications when the relationship is later discovered. This rare but possible situation highlights the importance of understanding the familial laws before committing to marriage.

Genetic Concerns and Health Risks

While cousin marriages are legal, there are concerns about potential genetic issues in children born from these unions.

Walker mentions that he has seen first cousins who married and had healthy children, but like any marriage, genetic outcomes are unpredictable. It’s important for couples considering cousin marriage to be aware of potential genetic risks.

Why Maryland is a Popular Destination for Marriage

Beyond cousin marriages, Maryland’s marriage laws are generally easier compared to neighboring states. The state doesn’t require a blood test for marriage and has a two-day wait period before issuing a license, which is shorter than other states like Pennsylvania (three days).

Virginia and West Virginia have no waiting periods, but West Virginia required a blood test until June, a rule Maryland never imposed.

The relatively easy process, combined with the more relaxed rules regarding cousin marriage, has made Maryland a top choice for couples who may face barriers in their home states.

In Maryland, it is legal to marry your cousin, making it one of the more permissive states for such unions. However, certain restrictions apply, and the state has laws that prevent marriages between close blood relatives such as siblings or parents and children.

For those seeking a marriage license in Maryland, the state offers a streamlined process, with some of the most relaxed waiting periods and requirements for marriage in the region.

If you’re considering a cousin marriage or just curious about Maryland’s marriage laws, it’s always wise to check in with local RMV offices or consult legal professionals for guidance, especially in relation to genetic risks and other familial concerns.

SOURCE

Leave a Comment