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Affinity (law)

Affinity is the kinship relationship created or that exists between two people as a result of someone's marriage. It describes the connection each party in the marriage has to the family of the other party. This bond does not cover the marital relationship itself. Laws, traditions and customs relating to affinity vary considerably across different cultures. Sometimes these relationships cease with the death of one of the marriage partners through whom affinity is traced. In other cases, they end with the divorce of the marriage partners. Unlike blood relationships known as consanguinity, which may have genetic consequences, affinity is essentially a social or moral construct. At times this construct is backed by legal consequences. In law, affinity may be relevant in relation to prohibitions on incestuous sexual relations. It also determines whether particular couples are prohibited from marrying. Which relationships are prohibited vary from jurisdiction to jurisdiction and have varied over time.

Degrees Of Relationship

The degree of affinity is considered the same as the consanguineal level of the couple that was joined. For example, the degree of affinity of a husband to his sister-in-law is two. This matches the same degree the wife would be to her sister on the basis of consanguinity. The degree to the wife's parent or child is one. To an aunt or niece it is three. First cousin status registers at four degrees. Though adoption and step relationships are cases of affinity, they are normally treated as consanguinity. Some countries base prohibited relationships 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. These calculations help define the boundaries of acceptable interaction within families formed by marriage.

Terminology And Usage

In law, affinity relatives by marriage are known as affines. More commonly, they are known as family-in-law. Affinity is usually signified by adding the suffix to a degree of kinship. This is standard for the closest degrees of kinship such as parent-in-law, child-in-law, and sibling-in-law. The term 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. They may be referenced as a cousin by marriage. By-marriage can also be used with uncle or aunt. Princess Léa of Belgium serves as an aunt by marriage of King Philippe of Belgium.

What is affinity in law and how does it differ from consanguinity?

Affinity is the kinship relationship created or that exists between two people as a result of someone's marriage. Unlike blood relationships known as consanguinity which may have genetic consequences, affinity is essentially a social or moral construct.

When do affinity relationships cease to exist according to legal traditions?

Sometimes these relationships cease with the death of one of the marriage partners through whom affinity is traced. In other cases they end with the divorce of the marriage partners.

How are degrees of affinity calculated compared to consanguineal levels?

The degree of affinity is considered the same as the consanguineal level of the couple that was joined. For example the degree of affinity of a husband to his sister-in-law is two while the degree to the wife's parent or child is one.

Which countries prohibit sexual relations within specific degrees of affinity?

In South Africa sexual relations are prohibited within the first degree of affinity under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 section 12. Brazilian law extends invalidity of marriage between parents and children to grandparents and grandchildren via Article 1521 of the Civil Code.

What are the criminal penalties for violating affinity laws in Hawaii and Michigan?

In Hawaii sexual penetration and marriage is prohibited within close degrees of affinity and this offense is punishable by up to 5 years in prison. In Michigan sexual contact between persons related by blood or affinity to the third degree is chargeable as criminal sexual conduct in the 4th degree involving a 2-year sentence or a fine of up to $500.

Affinity (law)

Degrees Of Relationship

Terminology And Usage

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