In law, affinity may be relevant to the prohibition of incestuous sexual relations and whether certain couples are prohibited from marrying. Prohibited relationships vary from jurisdiction to jurisdiction and have changed over time. In some countries, particularly in the past, prohibited relationships were based on religious laws. In some countries, the prohibition of sexual relations between persons in a reference relationship can be expressed in terms of degrees of kinship. The degree of affinity is considered the same as the inbreeding that a couple has joined, so, for example, the degree of affinity of a husband with his sister-in-law is two (not consistent with the degree of relationship page by page, sisters and parents are both a 1 with 50% common DNA), the same as the wife to her sister on the basis of consanguinity. The diploma for the woman`s parents or child is one, and for an aunt or niece it is three, and for a first cousin it is four. Although adoption and stage relationships are cases of affinity, they are usually treated as inbreeding. In New Jersey, sexual contact is prohibited if the actor is « related to the victim by blood or 3rd degree affinity » and the victim is at least 16 but under 18. [6] In Michigan, sexual interference between people « related by blood or third-degree kinship » is charged with grade 4 criminal sexual conduct and carries a 2-year jail term and/or a fine of up to $500. [5] (a) Two people are related by affinity if: The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. (b) the dissolution of the marriage by divorce or the death of one of the spouses terminates the relationship established by that kinship marriage, unless there is a child of that marriage; In this case, the marriage is deemed to exist as long as a child of that marriage is alive.
AFFINITY. A union formed by marriage, which places the husband in the same nominal degree of belonging to the wife`s relations as she herself is in relation to them, and gives the wife the same mutual link with the husband`s relations. It is used as opposed to inbreeding. (S. A.) It`s not a real relationship. 2.Affinity or alliance is very different from alliances. Related are relatives. through blood; Affinity is the bond between one spouse and the parents of the other; Thus, the relationships of my wife, brothers, sisters, uncles are linked to me by affinity, and my brothers, sisters and C. are allied to my wife in the same way. But my brother and my wife`s sister are not bound by affinity ties: this will appear through the following paradigms In South Africa, sexual relations are prohibited at the first degree of affinity, that is, when one person is the direct ancestor or descendant of the spouse of the other. [1] Abogado.com The Spanish Consumer Legal Website #1 Unlike inbreeding, which can have genetic consequences, affinity is essentially a social or moral construct that is sometimes supported by legal consequences. The doctrine of affinity developed from a maxim of canon law according to which man and woman became one through marriage.
There are three types of affinity. There is a direct relationship between the parents through the blood of the husband and his wife or between the wife and the relatives through the blood of the husband. There is a secondary affinity between one spouse and the parents of the other spouse through marriage. There is a collateral affinity between one of the spouses and the parents of the parents of the other spouse. Affinity determination is important in various legal issues, such as the decision to prosecute a person for incest or to dismiss a jury for bias. FindLaw.com free and reliable legal information for consumers and legal professionals In jurisprudence and cultural anthropology, affinity is the relationship that arises or exists between two persons as a result of a person`s marriage. It is the relationship that each party to a marriage has with the relationship of the other spouse, but it does not cover the marital relationship itself. Laws, traditions and customs concerning affinity vary considerably, sometimes with the death of one of the spouses by whom affinity is sought, and sometimes with the divorce of the spouses.
In addition to kinship through marriage, « affinity » can sometimes include kinship through adoption or a relationship by marriage. More commonly, they are known as in-laws or in-laws, with affinity usually indicated by the addition of « in-laws » to some degree of kinship. This is the norm for the closest degrees of kinship such as father-in-law, daughter-in-law, brother-in-law/sister-in-law, etc., but is often omitted in longer relationships. Since uncle and aunt are often used to refer to unrelated family friends, the terms can be used without indicating whether the person is related or affine. Similarly, a cousin`s spouse cannot be referred to as a relative or « step-cousin » at all. « Postmarriage » can also be used with « uncle » or « aunt », for example Princess Lea of Belgium is an aunt by marriage of King Philippe of Belgium. Are you a lawyer? Visit our professional website » In Hawaii, sexual penetration and marriage in close relatives are prohibited and punishable by up to 5 years. [4] 3.