Current through Reg. 49, No. 38; September 20, 2024
(a) Method of computing degree of
relationship. The degree of a relationship is computed by the civil law
method.
(b) Determination of
consanguinity. Two individuals are related to each other by consanguinity if
one is a descendant of the other, or if they share a common ancestor. An
adopted child is considered to be a child of the adoptive parent for this
purpose.
(c) Computation of degree
of consanguinity. The degree of relationship by consanguinity between an
individual and the individual's descendant is determined by the number of
generations that separate them.
(1) A parent
and child are related in the first degree, a grandparent and grandchild in the
second degree, a great-grandparent and great-grandchild in the third degree,
and so on.
(2) If an individual and
the individual's relative are related by consanguinity, but neither is
descended from the other, the degree of relationship is determined by adding:
(A) the number of generations between the
individual and the nearest common ancestor of the individual and the
individual's relative; and
(B) the
number of generations between the relative and the nearest common
ancestor.
(3) An
individual's relatives within the third degree by consanguinity are the
individual's:
(A) parent or child (relatives
in the first degree);
(B) brother,
sister, grandparent, or grandchild (relatives in the second degree);
and
(C) great-grandparent,
great-grandchild, aunt who is a sister of a parent of the individual, uncle who
is a brother of a parent of the individual, nephew who is a child of a brother
or sister of the individual, or niece who is a child of a brother or sister of
the individual (relatives in the third degree).
(d) Determination of affinity. Two
individuals are related to each other by affinity if they are married to each
other, or the spouse of one of the individuals is related by consanguinity to
the other individual.
(1) The ending of a
marriage by divorce or the death of a spouse ends relationships by affinity
created by that marriage unless a child of that marriage is living, in which
case the marriage is considered to continue as long as a child of that marriage
lives.
(2) Paragraph (1) of this
subsection applies only until the youngest child of the marriage reaches the
age of 21 years.
(e)
Computation of degree of affinity. A husband and wife are related to each other
in the first degree by affinity. For other relationships by affinity, the
degree of relationship is the same as the degree of the underlying relationship
by consanguinity.
(1) If two individuals are
related to each other in the second degree by consanguinity, the spouse of one
of the individuals is related to the other individual in the second degree by
affinity.
(2) An individual's
relatives within the third degree by affinity are:
(A) anyone related by consanguinity to the
individual's spouse in one of the ways named in this section; and
(B) the spouse of anyone related to the
individual by consanguinity in one of the ways named in this section.
