Marrying your first cousin is illegal in Delaware under current state law, which explicitly prohibits unions between first cousins. While a 2025 bill sought limited recognition of out-of-state cousin marriages, it failed, leaving the ban intact as of March 2026.
Delaware Marriage Statutes
Delaware Code Title 13, Section 123 prohibits marriage between “ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.” This covers first cousins (children of siblings), regardless of age or consent. Second cousins and beyond face no such bar, as they aren’t listed.
2025 Legislative Push
House Bill 8 (HB 8), introduced by Rep. Madinah Wilson-Anton in February 2025, aimed to recognize valid first-cousin marriages performed legally elsewhere (e.g., New York or France). It wouldn’t allow Delaware ceremonies but would validate out-of-state ones for residency, immigration, and benefits. The bill stemmed from a constituent’s USCIS rejection but died in the House (12-23 vote) amid public backlash.
Nationwide Landscape
Delaware joins 24 other states banning first-cousin marriage, per NCSL data; 18 states permit it outright, with caveats in places like Arizona (genetic counseling). Bans trace to 19th-century eugenics fears, though modern genetics show low risks (3-4% birth defect increase vs. 2-3% baseline). Legal states include California, New York; recent bans hit Tennessee (2024).
Penalties for Violations
- Ceremony in Delaware: Void ab initio; officiant faces misdemeanor charges, fines up to $1,150, possible jail.​
- Out-of-State Marriage: Not recognized; no spousal rights, inheritance issues, or immigration validity.​
- Cohabitation: No criminal penalty, but bigamy risk if one party weds another.​
Civil suits may arise over property or children; adoptions complicated.​
Genetic and Health Facts
First-cousin couples share 12.5% DNA; offspring risk recessive disorders doubles slightly, but absolute risk stays low (comparable to maternal age 35+). Counseling recommended where legal; Delaware mandates none due to ban. Cultural acceptance varies: Common in parts of Middle East, South Asia; rare in U.S. (0.2% marriages).
Immigration Hurdles
USCIS denies visas/sponsorship if home state bans cousin marriage, as in the HB 8 case. Couples must relocate to permissive states like Maryland or prove non-marital status. Federal recognition hinges on state law validity.
Exceptions and Loopholes?
- Double Cousins: Still banned (full sibling children).
- Adoptive/Step: Prohibited if legal equivalents.
- Common-Law: Delaware doesn’t recognize; cohabitation unprotected.​
No religious waivers; courts uphold secular code.​
Comparison Table: U.S. Cousin Marriage Laws
Historical Context
Delaware’s ban dates to 1881, part of Progressive Era reforms against “degenerate” unions. Modern challenges cite equality (Obergefell parallels), but courts defer to legislatures. Failed 2025 bill sparked debates on cultural bias vs. personal freedom.
Practical Advice
- Check Relations: Use charts; “first cousin once removed” often legal.
- Alternatives: Prenups, cohabitation agreements, or move to NJ (20 miles away).
- Legal Help: Consult DE family lawyers; Bar Association referrals.
- Gene Testing: 23andMe clarifies risks pre-union.​
Social and Cultural Views
Stigma persists in U.S., but immigrant communities (e.g., South Asian) view it traditionally. Media amplifies myths; reality: Low prevalence, viable with screening. No 2026 changes pending; monitor legislature.delaware.gov.
Related Prohibitions
| Relation | Legal in DE? |
|---|
Delaware strictly bans first-cousin marriage—no ifs, ands, or buts. For personalized guidance, contact a DE attorney or DMV for records.
SOURCES:
- https://www.delawarepublic.org/politics-government/2025-02-02/delaware-legislature-introduces-bill-to-recognize-lawful-first-cousin-marriages
- https://legiscan.com/DE/research/HB8/2025
