Legal Definitions - consanguinity

Consanguinity refers to a relationship between individuals who share a common ancestor, meaning they are related by blood. This concept is distinct from "affinity," which describes relationships formed through marriage. In legal contexts, consanguinity is particularly relevant in laws governing marriage, inheritance, and sometimes even judicial impartiality, as it can define prohibited relationships or potential conflicts of interest.

Here are some examples illustrating the application of consanguinity:

• Marriage Laws: Many jurisdictions have statutes that prohibit marriage between individuals who are closely related by blood. For instance, a state law might explicitly forbid a marriage between a brother and sister, or between an uncle and his niece. These prohibitions are based on consanguinity because these individuals share immediate common ancestors (parents or grandparents), making them direct blood relatives. The law uses the degree of consanguinity to define unions that are legally impermissible.

• Inheritance Without a Will: When a person dies without a valid will (intestate), laws of intestacy dictate how their assets are distributed. These laws typically prioritize distribution to the deceased's closest blood relatives. For example, if a single individual dies without a will, their estate might first go to their children, then to their parents, and then to their siblings. These individuals are considered heirs based on their consanguinity to the deceased, as they all share common ancestors and are therefore related by blood.

• Judicial Recusal: A judge might be required to recuse themselves (step down) from a case if one of the parties involved is a close blood relative, such as a parent, child, or sibling. This requirement is often based on consanguinity to prevent any appearance of bias or conflict of interest. The judge's direct blood relationship with a party, stemming from shared common ancestors, could compromise their impartiality, necessitating their removal from the case to ensure fairness.