Prohibited degree of kinship
Encyclopedia
In law, a prohibited degree of kinship refers to a degree of consanguinity
(relatedness) between persons that results in certain actions between them becoming illegal. Two major examples of prohibited degrees are found in incest
and nepotism
. Incest is a taboo
across all cultures worldwide, but which specific relationships are considered incestuous varies by culture. Nepotism is different in that while many societies accept it as normal, most Western countries criminalize it.
One example of such criminalization is in the US state of Texas
, which restricts the appointment or hiring of relatives by public officials
.
and Eastern Orthodox Church
have a long history of various marital prohibitions. The Church of England
has always prohibited marital relationships between relatives related up to the third degree (e.g., uncle-niece).
In certain Asian nations such as South Korea, it has historically been forbidden to marry someone with the same surname
and region of origin regardless of the distance of the relation.
prohibits a marriage by a man and any of the persons mentioned in the first column, or between a woman and any of the persons mentioned in the second column, of the following table:
The Children Act 1975 added the following prohibitions:
The Marriage Act 1949 also prohibited marriage to the following, but these provisions were repealed by the Marriage (Prohibited Degrees of Relationship) Act 1986 :
The Marriage (Prohibited Degrees of Relationship) Act 1986 prohibits a marriage to the following, until both parties are aged 21 or over, and provided that the younger party has not at any time before attaining the age of 18 been a child of the family in relation to the other party:
The Marriage (Prohibited Degrees of Relationship) Act 1986 also prohibits a marriage to the following:
disqualify a juror if that person is related "by consanguinity or affinity" to any party "within the sixth degree as computed according to the civil law"..
Virginia
rulings in Jaques v. Commonwealth, 51 Va. (10 Gratt.) 690 (1853), stated the long-standing, common-law rule disqualifying a venireman who is related, within the ninth degree of consanguinity or affinity, to a party to a suit
.
Consanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
(relatedness) between persons that results in certain actions between them becoming illegal. Two major examples of prohibited degrees are found in incest
Incest
Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
and nepotism
Nepotism
Nepotism is favoritism granted to relatives regardless of merit. The word nepotism is from the Latin word nepos, nepotis , from which modern Romanian nepot and Italian nipote, "nephew" or "grandchild" are also descended....
. Incest is a taboo
Taboo
A taboo is a strong social prohibition relating to any area of human activity or social custom that is sacred and or forbidden based on moral judgment, religious beliefs and or scientific consensus. Breaking the taboo is usually considered objectionable or abhorrent by society...
across all cultures worldwide, but which specific relationships are considered incestuous varies by culture. Nepotism is different in that while many societies accept it as normal, most Western countries criminalize it.
One example of such criminalization is in the US state of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, which restricts the appointment or hiring of relatives by public officials
Official
An official is someone who holds an office in an organization or government and participates in the exercise of authority .A government official or functionary is an official who is involved in public...
.
Marital prohibitions
The Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
and Eastern Orthodox Church
Eastern Orthodox Church
The Orthodox Church, officially called the Orthodox Catholic Church and commonly referred to as the Eastern Orthodox Church, is the second largest Christian denomination in the world, with an estimated 300 million adherents mainly in the countries of Belarus, Bulgaria, Cyprus, Georgia, Greece,...
have a long history of various marital prohibitions. The Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
has always prohibited marital relationships between relatives related up to the third degree (e.g., uncle-niece).
In certain Asian nations such as South Korea, it has historically been forbidden to marry someone with the same surname
Surname
A surname is a name added to a given name and is part of a personal name. In many cases, a surname is a family name. Many dictionaries define "surname" as a synonym of "family name"...
and region of origin regardless of the distance of the relation.
England and Wales
In England and Wales, the Marriage Act 1949Marriage Act 1949
The Marriage Act 1949 is an Act of the Parliament of the United Kingdom regulating marriages in England and Wales. The act abolished marriages for those under 16 years of age in England and Wales....
prohibits a marriage by a man and any of the persons mentioned in the first column, or between a woman and any of the persons mentioned in the second column, of the following table:
| Mother | Father |
| Daughter | Son |
| Father's mother | Father's father |
| Mother's mother | Mother's father |
| Son's daughter | Son's son |
| Daughter's daughter | Daughter's son |
| Sister | Brother |
| Father's sister | Father's brother |
| Mother's sister | Mother's brother |
| Brother's daughter | Brother's son |
| Sister's daughter | Sister's son |
The Children Act 1975 added the following prohibitions:
| Adoptive mother or former adoptive mother | Adoptive father or former adoptive father |
| Adoptive daughter or former adoptive daughter | Adoptive son or former adoptive son |
The Marriage Act 1949 also prohibited marriage to the following, but these provisions were repealed by the Marriage (Prohibited Degrees of Relationship) Act 1986 :
| Wife's mother | Husband's father |
| Wife's daughter | Husband's son |
| Father's wife | Mother's husband |
| Son's wife | Daughter's husband |
| Father's father's wife | Father's mother's husband |
| Mother's father's wife | Mother's mother's husband |
| Wife's father's mother | Husband's father's father |
| Wife's mother's mother | Husband's mother's father |
| Wife's son's daughter | Husband's son's son |
| Wife's daughter's daughter | Husband's daughter's son |
| Son's son's wife | Son's daughter's husband |
| Daughter's son's wife | Daughter's daughter's husband |
The Marriage (Prohibited Degrees of Relationship) Act 1986 prohibits a marriage to the following, until both parties are aged 21 or over, and provided that the younger party has not at any time before attaining the age of 18 been a child of the family in relation to the other party:
| Daughter of former wife | Son of former husband |
| Former wife of father | Former husband of mother |
| Former wife of father’s father | Former husband of father’s mother |
| Former wife of mother’s father | Former husband of mother’s mother |
| Daughter of son of former wife | Son of son of former husband |
| Daughter of daughter of former wife | Son of daughter of former husband |
The Marriage (Prohibited Degrees of Relationship) Act 1986 also prohibits a marriage to the following:
| Mother of former wife, until the death of both the former wife and the father of the former wife | Father of former husband, until after the death of both the former husband and the mother of the former husband |
| Former wife of son, until after the death of both his son and the mother of his son | Former husband of daughter, until after the death of both her daughter and the father of her daughter |
Jury service
Statutes in the U.S. state of GeorgiaGeorgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
disqualify a juror if that person is related "by consanguinity or affinity" to any party "within the sixth degree as computed according to the civil law"..
Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
rulings in Jaques v. Commonwealth, 51 Va. (10 Gratt.) 690 (1853), stated the long-standing, common-law rule disqualifying a venireman who is related, within the ninth degree of consanguinity or affinity, to a party to a suit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
.
External links
- Catholic Encyclopaedia article on Consanguinity
- Don't hire the family - Article regarding Texas nepotism statutes, published by the Texas Association of Counties.