Cousin Marriage in Germany: Prohibited for First Cousins
No, marriage between first cousins is legally prohibited in Germany.
Legal Basis
Section 1307 of the German Civil Code (Bürgerliches Gesetzbuch — BGB) states:
"A marriage cannot be contracted between relatives in the direct line (ancestors and descendants) or between full or half siblings. The same applies to relatives in the collateral line up to the third degree."
Degree Calculation (Canon Law Method)
- 1st degree: Parents/children (direct line).
- 2nd degree: Siblings (collateral).
- 3rd degree: Uncle/aunt — niece/nephew; First cousins (children of siblings).
Thus, first cousins fall within the prohibited third collateral degree.
Consequences
- A marriage between first cousins contracted in Germany is void (nichtig) from the beginning (§ 1306 BGB).
- If contracted abroad where legal, it may be recognized in Germany under private international law (Art. 13 EGBGB) unless it violates German ordre public (public policy). Recognition is complex; legal advice essential.
Context
- Genetic counseling is recommended but not legally required for permitted marriages (e.g., second cousins).
- Prohibition aligns with many European countries (Austria, Hungary, Czechia, etc.) but differs from others (UK, France, Netherlands, Scandinavia, US states vary).