No, it is not illegal to marry your first cousin in New Mexico. The state’s marriage laws explicitly permit first-cousin marriages while prohibiting only closer relations like siblings, parents/children, and aunts/uncles with nieces/nephews.
New Mexico Marriage Statutes
New Mexico Statutes §40-1-7 declares marriages incestuous and void only between grandparents/grandchildren, siblings (full or half-blood), uncles/nieces, and aunts/nephews—cousins are absent from this list.
First cousins, second cousins, and beyond face no barriers; county clerks issue licenses without kinship questions beyond prohibited degrees. Out-of-state cousin couples can wed validly in NM, though home-state recognition varies (e.g., void in Texas).
Prohibited Relationships
Closer kin trigger automatic voiding: Full/half-siblings share parents; uncle/niece includes great-uncles/great-nieces per judicial interpretation. No cousin bans exist, aligning NM with 20+ states allowing first-cousin marriage; sexual relations between cousins remain unregulated beyond general consent laws. Failed 2023-2024 bills (SB295, HB242) sought cousin prohibitions but died, preserving status quo as of 2026.
License Requirements
Applicants over 18 need no blood tests or waiting periods; 16-17-year-olds require parental consent, under-16 judicial approval. Clerks verify ID, residency (none required), and prior marriages; cousin status prompts no denial. Ceremonies follow standard rules—proxy/common-law invalid, same-sex valid post-Obergefell.
Health and Genetic Risks
First-cousin couples face 3-4% higher recessive disorder risk vs. 2-3% general population, per CDC data, though most offspring healthy. NM offers no mandatory counseling but urges genetic screening; modern medicine mitigates concerns seen in isolated communities. Cultural acceptance varies—Hispanic/Latino NM populations (47%) mirror global norms where cousin unions comprise 10%+ marriages.
Legal Recognition Nationwide
NM honors its cousin marriages fully; interstate portability depends on forum law—valid in permissive states, potentially void elsewhere. Divorce, inheritance, and custody follow standard NM rules (community property, no-fault); no special cousin provisions. Federal benefits (Social Security, taxes) apply equally.
Historical Context
NM’s permissive stance traces to territorial laws favoring frontier flexibility; unlike Puritan-era bans, southwestern states prioritized family alliances. No recent changes despite national debates—remains legal amid 2026 stability. Couples: Consult clerks for forms; attorneys for interstate moves.
SOURCES:
- https://law.justia.com/codes/new-mexico/chapter-40/article-1/section-40-1-7/
- https://dataminingdna.com/can-first-cousins-marry-in-new-mexico/
