In general, children and parents are blood relatives, which is based on a certain blood relationship between the two parties. But in reality, although some people are not related by blood, they also say that they have blood relatives, which is to imitate blood relatives. China's laws clearly prohibit marriage between blood relatives, so can the proposed blood relatives marry at this time?
1. What is a pseudo-blood relative?
A pseudo-blood relative refers to a relative who does not have a blood relationship that should be possessed by the blood relative, but whose rights and obligations are confirmed by law to have the same rights and obligations as the natural blood relative. Because such blood relatives are not naturally formed, but are set by law, they are also called "quasi-blood relatives" or "legal blood relatives". There are two types of simulated blood relatives recognized in China's current Marriage Law: one is adoptive parents and adoptive children, and other close relatives of adoptive children and adoptive parents; The second is the step-parents, stepchildren, and step-brothers and sisters who have in fact formed a dependency relationship.
Second, whether the proposed blood relatives can marry
China's Marriage Law does not clearly stipulate whether or not a blood relative can marry. However, the Marriage Law stipulates that the rights and obligations between adoptive parents and adoptive children, step-parents and stepchildren who are raised and educated by them shall be governed by the provisions of the Marriage Law on the relationship between biological parents and children. Therefore, the restrictions of the Marriage Law on the conclusion of marriages by direct blood relatives should also apply to the children of adoptive parents and between the children of step-parents and children who have a supporting relationship, and whether or not such a simulated direct blood relationship is dissolved, from the perspective of ethical requirements and legal spirit, it should fall within the scope of prohibition of marriage. As for the proposed intermarriage between collateral blood relatives, as long as there is no collateral natural blood relationship within three generations, that is, there is no legitimate reason for prohibiting them from marrying, it should be interpreted as not being among the forbidden relatives and can be married.
3. Which relatives cannot marry each other?
There are two categories of blood relatives whose marriage is prohibited from marrying:
(1) Direct blood relatives. Including between parents and children, grandparents, maternal grandparents and grandchildren, grandchildren. That is, a father cannot marry a daughter, and a mother cannot marry a son as a husband. Grandpa (grandpa) cannot marry granddaughter (granddaughter), and grandma (grandma) cannot marry grandchildren (grandson).
(2) Collateral blood relatives within three generations. Including: (1) siblings of the same parent (including half-siblings and half-siblings). That is, children of the same parents cannot marry. (2) Uncles, uncles, aunts, uncles, aunts and nieces (daughters) of different generations. i.e. uncles (uncles) cannot marry the daughters of brothers (brothers); The aunt could not marry the brother's son; Uncles cannot marry sisters' daughters; The aunt could not marry the sister's son.
Although the proposed blood relatives are not direct blood relatives, and they are not collateral blood relatives within three generations, at this time, out of moral considerations, they are not allowed to register their marriages. Therefore, between step-siblings and adoptive siblings, it is also impossible to apply for marriage registration procedures. Of course, if one of the men and women who apply for marriage suffers from a disease that is not suitable for marriage, then they cannot get married at this time.