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In law, a prohibited degree of kinship refers to a degree of consanguinity (blood relatedness), or sometimes affinity (relation by marriage or sexual relationship) between persons that makes sex or marriage between them illegal. An incest taboo between parent and child or two full-blooded siblings is a cultural universal.
The degree of kinship between two people may give rise to several legal issues. Some laws prohibit sexual relations between closely related people, referred to as incestuous. Laws may also bar marriage between closely related people, which are almost universally prohibited to the second degree of consanguinity.
The laws of many jurisdictions set out the degree of consanguinity prohibited among sexual relations and marriage parties. Supporters of cousin marriage where it is banned may view the prohibition as discrimination , [ 9 ] [ 10 ] while opponents may appeal to moral or other arguments.
Most laws regarding prohibited degree of kinship concern relations of r = 25% or higher, while most permit unions of individuals with r = 12.5% or lower. In 24 states of the United States, cousin marriages are prohibited. Also, most laws make no provision for the rare case of marriage between double first cousins.
The Family Code covers fields of significant public interest, especially the laws on marriage.The definition and requisites for marriage, along with the grounds for annulment, are found in the Family Code, as is the law on conjugal property relations, rules on establishing filiation, and the governing provisions on support, parental authority, and adoption.
Consanguine marriage is marriage between individuals who are closely related. Though it may involve incest, it implies more than the sexual nature of incest.In a clinical sense, marriage between two family members who have coefficient of relationship r = 3.125% or higher qualifies as consanguineous marriage.
An avunculate marriage is a marriage with a parent's sibling or with one's sibling's child—i.e., between an uncle or aunt and their niece or nephew.Such a marriage may occur between biological (consanguine) relatives or between persons related by marriage ().
Philippine kinship uses the generational system in kinship terminology to define family. It is one of the most simple classificatory systems of kinship. One's genetic relationship or bloodline is often overridden by the desire to show proper respect that is due in the Philippine culture to age and the nature of the relationship, which are considered more important.