Affinity (law)

This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Affinity" law – news · newspapers · books · scholar · JSTOR (September 2016) (Learn how and when to remove this message)

Part of a series on the
Anthropology of kinship
Basic concepts Family Lineage Affinity Consanguinity Marriage Incest taboo Endogamy Exogamy Moiety Monogamy Polygyny Polygamy Concubinage Polyandry Bride price Bride service Dowry Parallel / cross cousins Cousin marriage Levirate Sororate Posthumous marriage Joking relationship Clan Cohabitation Fictive / Milk / Nurture kinship Descent Cognatic / Bilateral Matrilateral Lineal Collateral House society Avunculate Linealities Ambilineality Unilineality Matrilineality Patrilineality Household forms and residence Extended Matrifocal Matrilocal Neolocal Nuclear Patrilocal
Terminology Kinship terminology Classificatory terminologies By group Iroquois Crow Omaha Eskimo (Inuit) Hawaiian Sudanese Dravidian (debated)
Case studies Australian Aboriginal Burmese Chinese Philippine Polyandry in Tibet / in India Feminist Chambri Mosuo Sexuality Coming of Age in Samoa
Major theorists Diane Bell Tom Boellstorff Jack Goody Gilbert Herdt Don Kulick Roger Lancaster Louise Lamphere Eleanor Leacock Claude Lévi-Strauss Bronisław Malinowski Margaret Mead Henrietta Moore Lewis H. Morgan Stephen O. Murray Michelle Rosaldo Gayle Rubin David M. Schneider Marilyn Strathern
Related articles Alliance theory Matrilineal / matrilocal societies Feminist anthropology Sex and Repression in Savage Society Social Bonding and Nurture Kinship "The Traffic in Women"
Social anthropology Cultural anthropology
v t e

In law and in cultural anthropology, affinity is the kinship relationship created or that exists between two people as a result of someone's marriage. It is the relationship each party in the marriage has to the family of the other party in the marriage. It does not cover the marital relationship itself. Laws, traditions and customs relating to affinity vary considerably, sometimes ceasing with the death of one of the marriage partners through whom affinity is traced, and sometimes with the divorce of the marriage partners. In addition to kinship by marriage, "affinity" can sometimes also include kinship by adoption or a step relationship.

Unlike blood relationships (consanguinity), which may have genetic consequences, affinity is essentially a social or moral construct, at times backed by legal consequences.

In law, affinity may be relevant in relation to prohibitions on incestuous sexual relations and in relation to whether particular couples are prohibited from marrying. Which relationships are prohibited vary from jurisdiction to jurisdiction, and have varied over time. In some countries, especially in the past, the prohibited relationships were based on religious laws. In some countries, the prohibition on sexual relations between persons in an affinity relationship may be expressed in terms of degrees of relationship. The degree of affinity is considered the same as the consanguineal level a couple was joined, so that, for example, the degree of affinity of a husband to his sister-in-law is two, the same as the wife would be to her sister on the basis of consanguinity. The degree to the wife’s parent or child is one, and to an aunt or niece it is three, and first cousin it is four. Though adoption and step relationships are cases of affinity, they are normally treated as consanguinity.