Yes, you can marry your first cousin in Alabama. The state’s incest statute lists the specific relatives who cannot marry, and first cousins are not on that list. Nothing in Alabama’s marriage code blocks the union either. Alabama is one of roughly 19 states (plus Washington, D.C.) that place no restrictions on first-cousin marriage.
Which Relatives Alabama Actually Prohibits
Alabama’s incest law is an exhaustive list, not a general ban on marrying relatives. Any relationship the statute doesn’t name is legal. The prohibited categories are:
- Ancestors and descendants (parents, grandparents, children, grandchildren), whether by blood or adoption
- Siblings, including half-siblings and adoptive siblings
- Stepparents and stepchildren, but only while the marriage creating that relationship still exists
- Aunts, uncles, nephews, and nieces, of the whole or half-blood
First cousins, second cousins, and more distant relatives are all absent from that list.1Alabama Legislature. Alabama Code Title 13A Section 13A-13-3 – Incest Incest in Alabama is a Class C felony, but that classification attaches only to the relationships above. It has nothing to do with cousin unions. Title 30 of the Alabama Code, which governs marriage, also contains no provision restricting first-cousin marriages.2Justia Law. Alabama Code Title 30 Chapter 1 – Marriage
How to Actually Get Married in Alabama
Alabama no longer issues marriage licenses. Since August 29, 2019, the state has used a notarized certificate system instead, and it applies to every couple, cousins included.3Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
The steps are straightforward. Both spouses complete an official Alabama Marriage Certificate form. Each spouse signs the form in front of an Alabama notary public. The notary has to be authorized under Alabama law; a 2022 Alabama Attorney General opinion confirmed that out-of-state notaries will not be accepted. Electronic signatures from either spouse or the notary are also rejected.3Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate
After notarization, the form must reach an Alabama probate court within 30 days of the later of the two signatures. If the spouses sign on different dates, the clock runs from whichever came second. Miss the window and you do not have a legal marriage.4Baldwin County. Marriage License The marriage becomes legal when the probate court records the form, and the official marriage date is the date of the later signature, not the recording date.
A wedding ceremony is entirely optional under this system. You can have one, skip one, or hold one weeks after filing. It has no legal effect.3Alabama Department of Public Health. Frequently Asked Questions Regarding the Alabama Marriage Certificate Both spouses also don’t have to appear at the courthouse. A third party can deliver the completed, notarized form on your behalf.
Fees and ID
Recording fees vary by county. Montgomery County charges $78.50 with one certified copy included.5Montgomery County Probate Court. Marriage License Baldwin County charges $73 with one certified copy.4Baldwin County. Marriage License Madison County lists $89.6Madison County, AL. Probate Court Costs – Section: Filing Fees Plan on somewhere in the $70 to $90 range. Acceptable ID is a valid driver’s license, a state-issued non-driver ID, or a passport.
Age Rules
Both parties must be at least 18 to marry without restriction. A 16- or 17-year-old needs parental or guardian consent, which is given through a separate notarized affidavit on page 2 of the Marriage Certificate form and filed with the spouses’ form.7Alabama Legislature. Alabama Code Title 30 Chapter 1 Section 30-1-5 – Consent of Parents Required for Marriage of Certain Minors Nobody under 16 can marry in Alabama.
The Genetic Question
Alabama doesn’t require genetic counseling for cousin couples, but many couples want to know what the science says. First cousins share about 12.5% of their DNA, which raises the odds that both partners carry the same recessive gene for a genetic disorder. Research puts the excess risk of a significant birth defect for a first-cousin couple’s child at roughly 1.7 to 2.8 percentage points above the general population baseline.8National Institutes of Health. Do Consanguineous Parents of a Child Affected by an Autosomal Recessive Disease Have More DNA Identical-by-Descent Than Similarly Related Parents With Healthy Offspring? The background risk for any couple is around 3 to 4%, putting the total for first cousins in roughly the 5 to 7% range.
Carrier screening can identify whether both partners carry mutations for specific conditions. Genetic testing ranges from under $100 for targeted single-gene tests to over $2,000 for comprehensive panels, with additional cost if multiple family members need testing.9MedlinePlus. What Is the Cost of Genetic Testing, and How Long Does It Take To Get the Results? Many insurers cover some or all of the cost when testing is medically indicated. Couples with known hereditary conditions in the family stand to gain the most, though a counselor’s assessment can help even without that history.
What Happens If You Move to Another State
Your Alabama cousin marriage is legal here, but relocating can complicate things. The general rule is that a marriage valid where celebrated is valid everywhere, and most states apply that most of the time. About 19 states ban first-cousin marriage, and some of those states use a public-policy exception to refuse recognition of out-of-state cousin marriages.
Consequences vary by state. In some, the marriage might be treated as void for purposes of state benefits, property inheritance, or divorce. In a small number, the exposure is criminal. Nine states criminalize sexual intercourse between first cousins: Arizona, Mississippi, Nevada, North Dakota, Oklahoma, South Dakota, Texas, Utah, and Wisconsin. A couple legally married in Alabama could face criminal exposure in those states even though their marriage was lawful where performed. Utah, for example, treats intercourse between first cousins as a third-degree felony.
If you’re planning to move from Alabama to a state that restricts cousin marriage, talking to a family law attorney in the destination state before the move is worth the expense. It matters whether that state merely refuses to issue cousin marriage licenses or actually declares such marriages void.
Federal Benefits and Tax Filing
Federal agencies generally defer to state law on marriage validity, but they don’t all look at the same state, and that inconsistency creates traps for cousin couples.
Taxes
The IRS recognizes a marriage as valid for federal income tax purposes if it was valid under the law of the state where it was performed. A first-cousin couple married in Alabama can file jointly as married regardless of where they later live.10IRS. Rev. Rul. 2013-17 The IRS does not independently evaluate whether your marriage complies with your current state of residence.
Social Security
Social Security uses a different rule. The SSA decides whether someone qualifies as a spouse or surviving spouse based on the law of the state where the worker was domiciled at the time of death, not where the marriage happened.11Social Security Administration. SSR 63-20 – Section 216(h) – Relationship – Validity of Marriage Between First Cousins If you marry in Alabama and later settle in a state that treats cousin marriages as void, a surviving spouse could be denied benefits. The SSA has specifically ruled that the impediment of being first cousins is a “substantive” rather than “procedural” defect, so the fallback provision for otherwise-valid marriages does not apply.
Immigration
For immigration purposes, the State Department generally evaluates a marriage under the law of the place where it was celebrated. A first-cousin marriage validly performed in Alabama should be recognized for spousal visa petitions. The Foreign Affairs Manual, however, tells consular officers to request an advisory opinion if they suspect a marriage between biological relatives might not be valid, and cousin-marriage cases that aren’t “clearly approvable” go to USCIS for additional review.12Department of State. Family-Based Relationships If USCIS has already approved the petition knowing the parties are first cousins, the consular officer is instructed to accept that determination.