In Maryland, first cousins can legally marry, as state law does not prohibit unions between cousins. Here’s a detailed breakdown of the legal landscape:
Current Legal Status
- Permitted: Maryland is one of 17 states where first-cousin marriages are explicitly allowed without restrictions.
- No Prohibitions: State law (Family Law § 2-202) bans marriages between closer relatives (e.g., siblings, parents, grandparents, aunts/uncles) but does not include first cousins in the list of prohibited relationships.
- No Age or Counseling Requirements: Unlike some states, Maryland does not impose age limits or genetic counseling mandates for cousin marriages.
Historical Context
- A 2000 bill to ban first-cousin marriages passed the Maryland House but did not become law. Recent legislative efforts (e.g., a 2024 proposal to restrict such marriages to individuals over 65) have also stalled.
Out-of-State Marriages
- Maryland attracts non-resident couples due to its permissive laws, particularly from neighboring states like West Virginia and Pennsylvania, where cousin marriages are prohibited.
Genetic and Legal Considerations
- Health Risks: While Maryland does not require genetic counseling, studies note increased risks of birth defects (4–7% higher than average) for children of first cousins.
- Validity: Marriages between cousins are recognized under federal immigration law and in other states, provided they comply with Maryland’s requirements.
Exceptions and Nuances
- Double Cousins: Maryland does not distinguish between regular and double first cousins (related through both parents), unlike states like North Carolina.
- Adopted Cousins: Marriages between adopted cousins are permitted if they meet standard legal criteria.
In summary, Maryland maintains a longstanding legal framework allowing first-cousin marriages, though couples should weigh potential genetic risks and consult legal or medical professionals when planning families.
Sources
- https://cnsmaryland.org/1999/12/03/marylands-lax-marriage-law-lures-kissing-cousins-looking-to-go-legit/
- https://www.newsweek.com/map-states-marry-cousin-tennessee-ban-1889727
- https://www.peoples-law.org/who-may-marry-maryland
- https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
