Prohibited degree of kinship

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 refers to sexual relations and marriage between closely related individuals; nepotism is the preference of blood-relations in the distribution of a rank or office.

An incest taboo against relations between mother and son is a cultural universal. Taboos against sexual relations between individuals of other degrees of close relationship vary between the world's cultures, but stigmatization of unions with full siblings and with direct descendants are widespread.

One example of criminalization of nepotism is in the US state of Texas, which restricts the appointment or hiring of relatives by public officials.^[1]

Marital prohibitions

The Roman Catholic Church and Eastern Orthodox Church have a long history of various marital prohibitions.^{[citation needed]} The Church of England has always prohibited marital relationships between relatives related up to the third degree (e.g., uncle-niece).^{[citation needed]}

In South Korea, it had historically been forbidden to marry someone with the same surname and clan of the distance of the relation. Such marriage had been prohibited by law until it was ruled unconstitutional in 1999.

England and Wales

In England and Wales, the Marriage Act 1949^[2] 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The Marriage Act 1949 also prohibited marriage to the following, but these provisions were repealed by the Marriage (Prohibited Degrees of Relationship) Act 1986 ^[3]:

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:

United States

Laws regarding first-cousin marriage in the United States

  First-cousin marriage is legal

  Allowed with requirements or exceptions

  Banned with exceptions¹

  Statute bans first-cousin marriage¹

  Criminal offense¹

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¹Some states recognize marriages performed elsewhere, especially when the spouses were not residents of the state when married.

As of February 2010^[update], 30 U.S. states prohibit most or all marriage between first cousins, and a bill is pending in Maryland which would prohibit most first cousins from marrying there.^[4] Six states even prohibit marriages between first cousins once removed.^[5] Some states prohibiting cousin marriage recognize cousin marriages performed in other states, but despite occasional claims that this holds true in general,^[6]

Jury service

Statutes in the U.S. state of Georgia 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".^[7].

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.^[8]

References

See also

• Cousin marriage

External links

• Catholic Encyclopaedia article on Consanguinity
• Don't hire the family - Article regarding Texas nepotism statutes, published by the Texas Association of Counties.