Affinity (law)

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In law and in cultural anthropology, affinity is the kinship relationship created or that exists between two people as a result of someone's marriage. It is the relationship each party in the marriage has to the family of the other party in the marriage. It does not cover the marital relationship itself. Laws, traditions and customs relating to affinity vary considerably, sometimes ceasing with the death of one of the marriage partners through whom affinity is traced, and sometimes with the divorce of the marriage partners. In addition to kinship by marriage, "affinity" can sometimes also include kinship by adoption or a step relationship.

Contents

Unlike blood relationships (consanguinity), which may have genetic consequences, affinity is essentially a social or moral construct, at times backed by legal consequences.

In law, affinity may be relevant in relation to prohibitions on incestuous sexual relations and in relation to whether particular couples are prohibited from marrying. Which relationships are prohibited vary from jurisdiction to jurisdiction, and have varied over time. In some countries, especially in the past, the prohibited relationships were based on religious laws. In some countries, the prohibition on sexual relations between persons in an affinity relationship may be expressed in terms of degrees of relationship. The degree of affinity is considered the same as the consanguineal level a couple was joined, so that, for example, the degree of affinity of a husband to his sister-in-law is two, the same as the wife would be to her sister on the basis of consanguinity. The degree to the wife’s parent or child is one, and to an aunt or niece it is three, and first cousin it is four. Though adoption and step relationships are cases of affinity, they are normally treated as consanguinity.

Terminology

In law, affinity relatives by marriage are known as affines. [1]

More commonly, they are known as in-laws or family-in-law, with affinity being usually signified by adding "-in-law" to a degree of kinship. This is standard for the closest degrees of kinship, such as parent-in-law , child-in-law, sibling-in-law , etc., but is frequently omitted in the case of more extended relations. As uncle and aunt are frequently used to refer indifferently to unrelated friends of the family, the terms may be used without specifying whether the person is a cognate or affine. Similarly, the spouse of a cousin may not be called a relation at all or may be referenced as a "cousin by marriage". "By-marriage" can also be used with "uncle" or "aunt", e.g. Princess Léa of Belgium is an aunt by marriage of King Philippe of Belgium.

Examples

In South Africa, sexual relations are prohibited within the first degree of affinity, that is, where one person is the direct ancestor or descendant of the spouse of the other person. [2]

Brazilian law, by the Article 1521 of the Civil Code, also extends the invalidity of marriage between parents and children to grandparents and grandchildren or any other sort of ascendant-descendant relationship (both consanguineous and adoptive), parents-in-law and children-in-law even after the divorce of the earlier couple, as well as to stepparents and stepchildren, and former spouses to an adoptive parent who did this unilaterally (regarded as an equivalent, in families formed by adoption, to stepparents and stepchildren); and extends the invalidity of marriage between siblings to biological cousin-siblings. [3] [4]

In Hawaii, sexual penetration and marriage is prohibited within close degrees of affinity and is punishable by up to 5 years. [5]

In Michigan, sexual contact between persons related "by blood or affinity to the third degree" are chargeable as criminal sexual conduct in the 4th degree and punishable by a 2-year sentence or a fine of up to $500 or both. [6]

In New Jersey, sexual contact is prohibited when the actor is "related to the victim by blood or affinity to the 3rd degree" and the victim is at least 16 but less than 18 years old. [7]

See also

Related Research Articles

Incest is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity, and sometimes those related by affinity, adoption, or lineage. It is forbidden and considered immoral in most societies, and can lead to an increased risk of genetic disorders in children in case of pregnancy.

A stepfamily is a family where at least one parent has children who are not biologically related to their spouse. Either parent, or both, may have children from previous relationships or marriages. Two known classifications for stepfamilies include "simple" stepfamilies, where only one member of the family's couple has a prior child or children and the couple does not have any children together, and "complex" or "blended" families, where both members of the couple have at least one child from another relationship.

<span class="mw-page-title-main">Kinship</span> Web of human social relationships

In anthropology, kinship is the web of social relationships that form an important part of the lives of all humans in all societies, although its exact meanings even within this discipline are often debated. Anthropologist Robin Fox says that the study of kinship is the study of what humans do with these basic facts of life – mating, gestation, parenthood, socialization, siblingship etc. Human society is unique, he argues, in that we are "working with the same raw material as exists in the animal world, but [we] can conceptualize and categorize it to serve social ends." These social ends include the socialization of children and the formation of basic economic, political and religious groups.

<span class="mw-page-title-main">Consanguinity</span> Property of being from the same kinship as another person

Consanguinity is the characteristic of having a kinship with a relative who is descended from a common ancestor.

The coefficient of relationship is a measure of the degree of consanguinity between two individuals. The term coefficient of relationship was defined by Sewall Wright in 1922, and was derived from his definition of the coefficient of inbreeding of 1921. The measure is most commonly used in genetics and genealogy. A coefficient of inbreeding can be calculated for an individual, and is typically one-half the coefficient of relationship between the parents.

<span class="mw-page-title-main">Affinity (Catholic canon law)</span> Concept in impediments to marriage

In Catholic canon law, affinity is an impediment to marriage of a couple due to the relationship which either party has as a result of a kinship relationship created by another marriage or as a result of extramarital intercourse. The relationships that give rise to the impediment have varied over time. Marriages and sexual relations between people in an affinity relationship are regarded as incest.

<span class="mw-page-title-main">Cousin</span> Descendant of an ancestors sibling

A cousin is a relative that is the child of a parent's sibling; this is more specifically referred to as a first cousin.

The immediate family is a defined group of relations, used in rules or laws to determine which members of a person's family are affected by those rules. It normally includes a person's parents, siblings, spouse, and children. It can contain others connected by birth, adoption, marriage, civil partnership, or cohabitation, such as grandparents, grandchildren, aunts, uncles, siblings-in-law, half-siblings, cousins, adopted children, step-parents/step-children, and cohabiting partners. The term close relatives is used similarly.

Jewish views on incest deal with the sexual relationships which are prohibited by Judaism and rabbinic authorities on account of a close family relationship that exists between persons. Such prohibited relationships are commonly referred to as incest or incestuous, though that term does not appear in the biblical and rabbinic sources. The term mostly used by rabbinic sources is "forbidden relationships in Judaism".

<span class="mw-page-title-main">Chinese kinship</span> System of family relationships in China

The Chinese kinship system is among the most complicated of all the world's kinship systems. It maintains a specific designation for almost every member's kin based on their generation, lineage, relative age, and gender. The traditional system was agnatic, based on patriarchal power, patrilocal residence, and descent through the male line. Although there has been much change in China over the last century, especially after 1949, there has also been substantial continuity.

A cousin marriage is a marriage where the spouses are cousins. The practice was common in earlier times and continues to be common in some societies today, though in some jurisdictions such marriages are prohibited. Worldwide, more than 10% of marriages are between first or second cousins. Cousin marriage is an important topic in anthropology and alliance theory.

The following outline is provided as an overview of and topical guide to interpersonal relationships.

In law, a prohibited degree of kinship refers to a degree of consanguinity, or sometimes affinity between persons that makes sex or marriage between them illegal.

Alliance theory, also known as the general theory of exchanges, is a structuralist method of studying kinship relations. It finds its origins in Claude Lévi-Strauss's Elementary Structures of Kinship (1949) and is in opposition to the functionalist theory of Radcliffe-Brown. Alliance theory has oriented most anthropological French works until the 1980s; its influences were felt in various fields, including psychoanalysis, philosophy and political philosophy.

<span class="mw-page-title-main">Family</span> Group of related people

Family is a group of people related either by consanguinity or affinity. It forms the basis for social order. The purpose of the family is to maintain the well-being of its members and of society. Ideally, families offer predictability, structure, and safety as members mature and learn to participate in the community. Historically, most human societies use family as the primary purpose of attachment, nurturance, and socialization.

Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

A sibling-in-law is the spouse of one's sibling, the sibling of one's spouse or the person who is married to the sibling of one's spouse.

An uncle is usually defined as a male relative who is a sibling of a parent or married to a sibling of a parent. Uncles who are related by birth are second-degree relatives. The female counterpart of an uncle is an aunt, and the reciprocal relationship is that of a nephew or niece. The word comes from Latin: avunculus, the diminutive of avus (grandfather), and is a family relationship within an extended or immediate family. The gender-neutral term pibling, a shortened form of parent's sibling, may refer to either an aunt or an uncle.

Sesotho – the language of the Basotho ethnic group of South Africa and Lesotho – has a complex system of kinship terms which may be classified to fall under the Iroquois kinship pattern. The complex terminology rules are necessitated in part by the traditional promotion of certain forms of cousin marriage among the Bantu peoples of sub-Saharan Africa. Most of the terms used have common reconstructed Proto-Bantu roots.

A stepchild is the offspring of one's spouse, but not one's own offspring, either biologically or through adoption.

References

  1. "Definition of AFFINE". www.merriam-webster.com. Retrieved 2024-03-18.
  2. Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, s. 12 Archived 2018-04-17 at the Wayback Machine .
  3. "Mundo do Direito, da História, da Música e da Literatura". direitomaisdireito.blogspot.com.br.
  4. "Direito Brasil – Marriage" (PDF) (in Portuguese). Archived from the original (PDF) on 2019-01-11. Retrieved 2019-01-15.
  5. Haw. Rev. Stat. § 707-741 and 706-660
  6. "Michigan Legislature - Section 750.520e". www.legislature.mi.gov. Retrieved 2022-10-03.
  7. N.J.S.A. 2C:14-2(b-c) and N.J.S.A. 2C:14-3 in NEW JERSEY, Rape, Abuse & Incest National Network [ permanent dead link ]