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In law and in
cultural anthropology Cultural anthropology is a branch of anthropology focused on the study of cultural variation among humans. It is in contrast to social anthropology, which perceives cultural variation as a subset of a posited anthropological constant. The portma ...
, affinity is the
kinship 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 ...
relationship created or that exists between two people as a result of someone's
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
. It is the relationship which each party to a marriage has to the relations of the other partner to the marriage, but 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 Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
or a step relationship. Unlike blood relationships (
consanguinity Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor). Many jurisdictions have laws prohibiting people who are related by blood fr ...
), 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. More commonly, they are known as or family-in-law, with affinity being usually signified by adding 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 Philippe or Filip ( nl, Filip Leopold Lodewijk Maria ; french: Philippe Léopold Louis Marie ; born 15 April 1960) is King of the Belgians. He is the eldest child of Albert II of Belgium, King Albert II and Queen Paola. He succeeded his father upo ...
.


Examples

In
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
, 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. 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. In
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
, sexual penetration and marriage is prohibited within close degrees of affinity and is punishable by up to 5 years. In
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and t ...
, 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. In
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delawa ...
, 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.N.J.S.A. 2C:14-2(b-c) and N.J.S.A. 2C:14-3 i
NEW JERSEYRape, Abuse & Incest National Network
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See also

*
Affinity (Catholic canon law) 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 relationshi ...
* Alliance theory *
Consanguinity Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor). Many jurisdictions have laws prohibiting people who are related by blood fr ...
*
Kinship 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 ...
*
Prohibited degree of kinship In law, a prohibited degree of kinship refers to a degree of consanguinity (blood relatedness) and sometimes affinity (relation by marriage or sexual relationship) between persons that results in certain actions between them being illegal. Two major ...


References


External links


Affinity (In the Bible)
an article from the Catholic Encyclopedia {{DEFAULTSORT:Affinity (Law) Kinship and descent