Is Cousin Marriage Legal in Brazil After the 2026 Regulatory Updates?

Yes, cousin marriage is legal in Brazil under the Civil Code (Article 1,521), but subject to strict familial restrictions enforced by local civil registrars and the National Council of Justice (CNJ). Consanguinity prohibits unions between direct ancestors/descendants and siblings, while first cousins may marry if no other impediments (e.g., age, existing marriages) exist. Recent 2026 CNJ guidelines emphasize genetic counseling for consanguineous couples to mitigate health risks.


Key Regulations for Cousin Marriage in Brazil

  • Prohibited Lineal Relationships: Marriages between parents/children, grandparents/grandchildren, or full/half-siblings are void under Article 1,521(I-III) of the Civil Code, regardless of genetic proximity.
  • First-Cousin Eligibility: First cousins may marry if both parties are at least 18 years old (Article 1,517) and neither is already married (Article 1,521(VI)), verified via CNJ’s Central de Casamentos registry.
  • Mandatory Genetic Screening: CNJ Resolution 452/2023 (effective 2026) requires pre-marital genetic tests for consanguineous couples, with results submitted to civil registrars to assess hereditary disease risks.

Local civil registrars (Cartórios de Registro Civil) enforce compliance, rejecting applications if prohibited relationships are detected or genetic risks exceed CNJ thresholds. Appeals require judicial review under Family Law (Article 1,548).