Overview
In law and social anthropology the term affinity denotes the kinship tie created when a person marries into another family. It is a form of kinship that arises not through descent or biological ancestry but through a marriage or equivalent marital arrangement. Commonly described in everyday speech as "in‑laws," affinity produces recognized relationships such as mother‑in‑law, brother‑in‑law and similar connections.
Definition and characteristics
Affinity should be distinguished from consanguinity, which denotes blood ties. Affinity describes the legal or social relationship each spouse has to the blood relatives of the other spouse, but it does not create a marital relationship between the spouses themselves. Important features include:
- It is derivative: affinity exists because of a marital bond rather than independent descent.
- It covers relatives of the spouse (parents, siblings, children, extended kin), often termed relatives by marriage.
- Its legal effects and duration (for example, whether it ends with divorce or death) depend on local laws and cultural practice.
History and development
The concept of affinity appears across legal traditions. Ancient and medieval codes and religious bodies treated marriage ties as socially significant and often regulated unions between people related by marriage as well as by blood. Over time, civil codes, religious laws and customary systems developed different rules about which degrees of affinity affected marriage eligibility, inheritance, and other legal rights.
Uses, examples and legal significance
Affinity matters in several contexts: restrictions on marriage (to avoid socially or religiously prohibited unions), conflict‑of‑interest and disqualification rules, inheritance and succession in some systems, and family law (custody, guardianship, and support). Examples include step‑relatives created when a widowed or divorced person remarries, or laws that treat certain in‑laws as prohibited marriage partners. The precise practical consequences vary widely across jurisdictions and cultures.
Distinctions and notable points
Key distinctions to remember are that affinity is not genetic and that jurisdictions do not treat all affinity ties equally. Some legal systems mirror degrees of affinity on the model of consanguinity; others limit legal effects to close in‑laws. Adoption and civil partnerships can create similar legal ties though they are conceptually distinct from biological descent. Because rules differ, whether affinity persists after divorce or death and how it affects inheritance or marriage eligibility must be checked against the specific law or custom involved.
Further reading
For comparative or doctrinal details, consult legal and anthropological sources that address marriage laws, kinship terminology, and statutory regulations governing in‑law relationships. Useful starting points include general treatments of marriage and kinship in law and social science texts (law, kinship) and specialized discussions of marital impediments and family law (marriage, consanguinity, relationship, relatives).