Legality of incest: Difference between revisions

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[[Cousin marriage|First cousin marriages]], once fairly common in some regions in the 19th century, are allowed in demand as all other marriages, while [[Avunculate marriage|avunculate ones]] (those between uncles or aunts and nephews or nieces), the preferred by some Amazonian Amerindian tribes, and those between half-siblings, are allowed provided that those contracting it have a health check.<ref name=BBC>{{cite news| url=http://news.bbc.co.uk/1/hi/6424337.stm | work=BBC News | title=Incest: an age-old taboo | date=12 March 2007 | accessdate=30 December 2011 | quote=In Brazil, an uncle and niece may have a relationship provided they undergo health checks. [...] France dropped incest from the penal code under Napoleon - 200 years ago.}}</ref><ref name="direito mais direito"/><ref name="direitobrasil"/> Marriages between parents and their children (both consanguineous and adoptive) or between siblings (both consanguineous and adoptive) are invalid, but, as stated above, non-rape sexual relationships between persons older than the age of consent are likely otherwise treated legally as all others, irrespectively of consanguinity (information over the possibility or validity of {{lang|pt|''uniões estáveis''}} in such situations are nevertheless unclear or unexistent, but since those in these relationships are already consanguineous and thus inherently inside a legal family entity, the rights offered by such unions – recognizing a family entity between unrelated single persons – are most likely pointless, with the exceptional cases being only the remote possibility of people who were adopted contracting a relationship with a biological close family member).
 
Brazilian law, by the Article 1521 of the Civil Code, also extends the invalidity of marriage between parents and children to grandparents and grandchildren or any other sort of ascendant-descendant relationship (both consanguineous and adoptive), parents-in-law and children-in-law even after the divorce of the earlier couple (see [[Affinity (law)|affinity]]), as well as to stepparents and stepchildren, and former husbands or wives to an adoptive parent who did this unilaterally (regarded as an equivalent, in families formed by adoption, to stepparents and stepchildren); and extends the invalidity of marriage between siblings to biological cousin-siblings.<ref name="direito mais direito">[http://direitomaisdireito.blogspot.com.br/2010/02/situacoes-nas-quais-duas-pessoas-estao.html People who may not marry each other {{pt icon}}]</ref><ref name="direitobrasil">[http://www.direitobrasil.adv.br/arquivospdf/revista/revistav42/aulas/Cas20102.pdf Direito Brasil – Marriage {{pt icon}}]</ref> It also formerly prohibited the avunculate marriages and extended the prohibition for marriage between siblings to half-siblings, both cited above, but the Decrete Law 3.200/1941 made marriage possible for those non-ascended/descended in consanguinity of third degree (25%) provided both have health checks.<ref name="direito mais direito"/><ref name="direitobrasil"/>

Brazilian law never held marriages between double first cousins as a reason for invalidity, even though those have a consanguinity [[Coefficient of relationship#Human genealogy|as strong as that of half-siblings]], and those, as other first cousins, are not asked health checks to marry, doing so in the same way as non-related people. Also legally treated much like non-related people are stepsiblings, while those who are stepsiblings and half-siblings (that is, those who have a half-sibling who is also child of a latter married spouse of one's parent) are treated like half-siblings who are not stepsiblings, being demanded health checks before marrying.
 
==Oceania==