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Affinity (law)

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Affinity is a specific type of kinship relationship. It is created through the act of marriage between two people. This bond connects one person to the family of their spouse. It does not describe the relationship between the two people married to each other. Instead, it focuses on the ties to the other side of the family. While blood relationships are called consanguinity, affinity is a social or moral construct. It is often supported by legal rules within a society.

In legal systems, affinity works by assigning degrees of relationship. These degrees measure how closely two people are connected through marriage. The degree of affinity is often calculated to match the consanguineal level of the couple. For example, a husband's relationship to his sister-in-law is a second degree. This is the same level as a wife's relationship to her own sister. A person's relationship to a spouse's parent or child is the first degree. An aunt or niece represents a third degree of affinity. A first cousin is considered a fourth degree.

These relationships can change based on certain life events. Some laws regarding affinity are permanent for the individuals involved. However, other traditions or customs might end if a couple gets a divorce. In some cases, the affinity bond might cease if one marriage partner dies. Affinity can also include relationships formed through adoption or step-family connections. In many legal systems, adoption and step-relationships are treated as if they were blood relationships. This means they are often categorized as consanguinity rather than affinity.

Laws use the concept of affinity to regulate social behavior. One major use is to create prohibitions on incestuous sexual relations. These laws determine which specific couples are prohibited from marrying one another. These rules vary significantly depending on the jurisdiction or country. Historically, many of these prohibitions were based on religious laws. Today, the specific relationships that are forbidden depend on the local legal code.

Different nations have very specific and diverse legal applications for affinity. In South Africa, sexual relations are prohibited within the first degree of affinity. This involves direct ancestors or descendants of a person's spouse. Brazilian law is also very broad regarding these connections. Under Article 1521 of the Civil Code, marriage is invalid between certain relatives. This includes parents-in-law and children-in-law even after a divorce occurs. It also covers stepparents, stepchildren, and certain former spouses in adoptive families.

Other regions use affinity to define criminal conduct. In Hawaii, marriage or sexual penetration within close degrees of affinity is prohibited. Violators in Hawaii can face up to 5 years in prison. Michigan has laws regarding sexual contact between persons related by blood or affinity to the third degree. In Michigan, this can be charged as criminal sexual conduct in the 4th degree. This carries a 2-year sentence or a fine of up to $500. New Jersey also regulates contact between people related by blood or affinity to the 3rd degree. In New Jersey, these laws apply when the victim is between the ages of 16 and 18.

We use terminology related to affinity in our daily language. In formal law, relatives joined by marriage are called affines. Most people use the more common term "in-law" to describe these people. This is seen in terms like parent-in-law, sibling-in-law, or child-in-law. However, the term is often left out for more distant relatives. For instance, the spouse of a cousin might be called a "cousin by marriage." People also use terms like "aunt" or "uncle" for relatives by marriage. This can even apply to royalty. Princess Léa of Belgium is an aunt by marriage to King Philippe of Belgium.

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