Laws & Jurisprudence
INCESTUOUS MARRIAGE
11:54 PM
Marriage is considered incestuous in any of the following:
1. Between ascendants and descendants of any degree;
2. Between brothers and sisters whether of the full or half blood. (Art. 37, Family Code)
Regardless of whether the relationship between the parties is legitimate or illegitimate.
The following marriages are void by reason of public policy:
1. Collateral blood relatives (legitimate or Illegitimate) up to the 4th civil degree;
Example: Boy and Girl are first cousins:
Boy’s father is A. Girl’s mother is B. A and B are brother and sister.
1 civil degree = From Boy to his father A
2 civil degree = From A to his parents (Boy’s grandparents)
3 civil degree = From the parents down to B,
4 civil degree = From B to Girl
Boy and Girl therefore cannot get married since they are related within four civil degrees. First cousins (see the example above) are related by four civil degrees. An uncle and a niece (or an aunt and a nephew) are also within four civil degrees.
2. Step‐parents & step‐children;
3. Parents‐in‐law & children‐in‐law;
4. Adopting parent & the adopted child;
5. Surviving spouse of the adopting parent & the adopted child;
6. Surviving spouse of the adopted child & the adopter;
7. Adopted child & legitimate child of the adopter;
8. Adopted children of the same adopter;
9. Parties where one, with the intention to marry the other, kills the latter’s spouse, or his/her spouse.
(Art. 38, Family Code)
(Art. 38, Family Code)
The list is exclusive. If not falling within this enumeration, the marriage shall be valid. Such as marriages between:
1. Adopted and Illegitimate child of the adopter
2. Step brother and step sister
3. Brother‐in‐law and sister‐in‐law
4. Parties who have been guilty of adultery or concubinage
DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.
0 comments