by ALBUQUERQUE, NEW MEXICO – Questions about cousin marriage laws often lead to confusion due to the patchwork of regulations across the United States. If you’re wondering whether it’s legal to marry your cousin in New Mexico, the answer is yes—the state has some of the most permissive laws regarding this matter.
Here’s a comprehensive breakdown of what New Mexico law allows, including key rules, exceptions, and marriage requirements.
First Cousin Marriage Is Legal in New Mexico
New Mexico law does not prohibit first cousins from marrying. While the state bans marriages between close blood relatives such as parents and children, siblings, grandparents and grandchildren, uncles and nieces, and aunts and nephews, it does not include cousins in its list of prohibited relationships.
This means that first cousins can legally marry in New Mexico without any additional restrictions, provided they meet the same general requirements that apply to all couples seeking marriage in the state.
Historical Context: Why Cousin Marriage Is Allowed
The legality of cousin marriage in New Mexico is not a recent development. In fact, historical annotations indicate that the prohibition on cousin marriage was repealed as early as 1880.
As noted in Section 40-1-7 of the New Mexico Statutes, the state explicitly voids marriages between certain relatives. However, the law makes no mention of cousins of any degree, and a historical repeal stated that “such parts of all laws as prohibit the marriage of cousins of any degree” were removed from the legal code.
As explained in a legal breakdown, this repeal has remained in effect, making first cousin marriages fully legal and recognized across New Mexico.
Who Cannot Marry in New Mexico?
Despite the permissive stance on cousin marriage, New Mexico still maintains strict rules on certain familial relationships. According to state law, the following marriages are absolutely void:
- Parent and child
- Grandparent and grandchild (of any degree)
- Siblings, whether full or half blood
- Uncle and niece
- Aunt and nephew
These relationships are categorized as incestuous, and any such marriages are not recognized by the state under any circumstances.
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Marriage License Requirements for Cousins
For cousins planning to marry in New Mexico, the process is the same as it is for any other couple. Here’s what you need to know:
- Apply in person at a county clerk’s office
- Provide valid photo ID and Social Security numbers
- Meet the age requirement:
- 18+ without restriction
- 16–17 with parental consent
- Under 16 requires court approval
- Pay the license fee (varies by county)
Importantly, there is no residency requirement to marry in New Mexico. This makes it a popular choice for out-of-state couples, including cousins from states where cousin marriage is prohibited.
Will Other States Recognize a Cousin Marriage From New Mexico?
While New Mexico recognizes cousin marriage, not all states do. If a cousin couple marries legally in New Mexico and then moves to a state that prohibits or does not recognize cousin marriage, their union may not be acknowledged under that state’s law.
This distinction is particularly important for legal matters such as taxes, inheritance, and healthcare decision-making. Couples are encouraged to consult an attorney if they plan to move to or reside in a state with conflicting laws.
Religious Considerations Still Apply
Although New Mexico civil law allows cousin marriages, some religious institutions may impose their own restrictions. For example, the Roman Catholic Church often requires a special dispensation for first cousins to marry in a church ceremony.
Couples seeking a religious wedding should check with their clergy or local religious authority to understand any additional steps they may need to take.
Have you or someone you know married their cousin in New Mexico—or are considering it? We’d love to hear your thoughts. Join the conversation at ibwhsmag.com.
