Legality of incest
Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.
Incest laws may involve restrictions on marriage rights, which also vary between jurisdictions. When incest involves an adult and a child, it is usually considered to be a form of child sexual abuse. When it is between two consenting adults, it is sometimes called consanguinamory.
Degrees of relationship
Laws regarding incest are sometimes expressed in terms of degrees of relationship. The degree of relationship is calculated by counting the number of generations back to a common ancestor. Consanguinity relationships may be summarized as follows:| Degree of relationship | Relationship | Average DNA shared % |
| Inbred strain | 99% | |
| 0 | identical twins; clones | 100% |
| 1 | parent-offspring | 50% |
| 2 | full siblings | 50% |
| 2 | 3/4-siblings or sibling-cousins | 37.5% |
| 2 | grandparent-grandchild | 25% |
| 2 | half-siblings | 25% |
| 3 | aunt/uncle-nephew/niece | 25% |
| 4 | double first cousins | 25% |
| 3 | great grandparent-great grandchild | 12.5% |
| 4 | first cousins | 12.5% |
| 6 | quadruple second cousins | 12.5% |
| 6 | triple second cousins | 9.38% |
| 4 | half-first cousins | 6.25% |
| 5 | first cousins once removed | 6.25% |
| 6 | double second cousins | 6.25% |
| 6 | second cousins | 3.13% |
| 8 | third cousins | 0.78% |
| 10 | fourth cousins | 0.20% |
Most laws regarding prohibited degree of kinship concern relations of r = 25% or higher, while most permit unions of individuals with r = 12.5% or lower. In 24 states of the United States, cousin marriages are prohibited. Also, most laws make no provision for the rare case of marriage between double first cousins. Incest laws may also include prohibitions of unions between biologically unrelated individuals if there is a close legal relationship, such as adoption or step relations.
Laws regarding incest between consenting adults
Table
Africa
Côte d'Ivoire (Ivory Coast)
Consensual incest between adults is legal in Côte d'Ivoire.South Africa
In South Africa, since 2007, incest is the sexual penetration between persons who are related as follows:- lineally, that is, if one person is a direct descendant of the other.
- within the first degree of consanguinuity, that is, where one person is a direct descendant of a parent of the other; this category includes siblings as well as an uncle or aunt with a niece or nephew.
- within the first degree of affinity, that is, where one person is the direct ancestor or descendant of the spouse of the other person.
- as adoptive parent and adopted child.
Zimbabwe
In Zimbabwe, most forms of incest are illegal and an offender is currently liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years or both. Incest is classified as "sexual intercourse within a prohibited degree of relationship". A prohibited degree of relationship would be that of a parent and his or her natural or adoptive child, a step-parent and his or her step-child, whether the step-child's parent and step-parent are married under the Marriage Act or the Customary Marriages Act , or are parties to an unregistered customary law marriage, and whether or not the child was over the age of eighteen years at the time of the marriage; a brother and sister, whether of whole or half blood; or an uncle and his niece; or a grand-uncle and his grand-niece; or an aunt and her nephew; or a grand-aunt and her grand-nephew; or a grandparent and his or her grandchild and any person and his or her first or second cousin. In cases of first and second cousins an individual charged with such a crime can raise a defense that the cultural or religious customs or traditions of the community to which he or she belongs do not prohibit marriage between first or second cousins; or in the case of a person who is a member of a community governed by customary law, that the cultural or religious customs or traditions of the particular community to which he or she belongs do not prohibit marriage between first or second cousins.Americas
Argentina
In Argentina, incest is legal if both individuals are over the minimum age of consent. Marriage between third-degree relatives and beyond is allowed, with the exception of marriage involving lineal ancestors and descendants, which is considered null and void disregarding the degree of separation.Brazil
Brazil has no criminal punishment if the involved are over the age of 14, capable of acting upon their legal rights, and that consent means that the relationship is absent of any kind of coercion or fraud.First cousin marriages, once fairly common in some regions in the 19th century, are allowed on demand as all other marriages, while avunculate ones, the preferred by some Amazonian Amerindian tribes, and those between half-siblings, are allowed provided that those contracting it have a health check. Marriages between parents and their children or between siblings 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.
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, parents-in-law and children-in-law even after the divorce of the earlier couple, as well as to stepparents and stepchildren, and former husbands or wives to an adoptive parent who did this unilaterally ; and extends the invalidity of marriage between siblings to biological cousin-siblings. 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 provided both have health checks.
Brazilian law never held marriages between double first cousins as a reason for invalidity, even though those have a consanguinity 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 are treated like half-siblings who are not stepsiblings, being demanded health checks before marrying.
Canada
Under Canadian federal law, incest is defined as having a sexual relationship with a sibling, child/parent or grandchild/grandparent, requiring knowledge of the existence of the blood relationship. It is punishable by up to 14 years' imprisonment, and a person who commits incest with someone under the age of 16 is liable to a minimum imprisonment of five years. This law takes effect in the provinces of Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick and within all three territories.Chile
In Chile, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 1 year in prison.Mexico
In Mexico, The crime of incest when the ancestors have sexual relations with their descendants will be punished with a sentence of one to six years in prison.United States
Laws regarding incest in the United States vary widely between jurisdictions regarding both the definition of the offense and penalties for its commission. The laws regarding incest in the United States article summarizes these laws for individual U.S. states and the District of Columbia.In the United States, the District of Columbia and every state and inhabited territory have some form of codified incest prohibition. In most states, sexual activity between a lineal ancestor and a lineal descendant, siblings and aunt-nephew, uncle-niece is penalized as incest. However, individual statutes vary widely. Rhode Island has repealed its criminal incest statute, and only criminalizes incestuous marriage. Ohio "targets only parental figures", and New Jersey does not apply any penalties when both parties are 12 years of age or older. The most severe penalties for incest are in Massachusetts, Virginia, Texas and Oregon, which punishes incest with up to 20 years in prison, Georgia where a penalty for incest is up to 30 years in prison, Wisconsin where the penalty for incest is up to 40 years in prison, and in the states of Colorado, Nevada, Montana, Idaho and Michigan where a penalty of up to life imprisonment for incest may be given.
In some states, sex between first cousins is prohibited. Many states also apply incest laws to non-blood relations, including stepparents, stepsiblings, in-laws and people related through adoption.
Asia
China
Mainland
The People's Republic of China prohibits two kinds of marriages in terms of kinship.- One person is the direct descendant of another.
- One person is another's first cousin.
Hong Kong
Macau
According to Macau's civil code, people in direct line kinship or in the second degree of collateral kinship cannot marry each other.India
The Indian Penal Code does not contain any specific provision against incest and also there is no law to support incest relationships, but there are general provisions relating to sexual abuse of children by their custodian, such as a parent or teacher. More over the rule of kinship or marriage is governed by the different marriage laws.Japan
Consensual incest between adults is legal in Japan.Malaysia
In Malaysia, it is incest to have sexual intercourse with a person who under the law, religion, custom or usage that applies to the person he or she is not permitted to marry on account of their relationship.In addition to whipping, persons convicted of incest face a minimum sentence of 6 years' imprisonment and a maximum sentence of 20 years' imprisonment. It is a defense against the charge if the person did not know the relationship was not permitted or if the sexual intercourse was done without his or her consent. Girls below the age of 16 and boys below the age of 13 are deemed to be incapable of giving consent.
While it is unclear to which family members the incest law applies, a verdict from the High Court in Sabah and Sarawak in 2011 provided some indication about the sentencing guidelines. It described incest as a "heinous crime" but that the degree of kinship between the parties dictates the "level of repulsion" which the court translates into a sentence imposed. The verdict said the worst on such a scale is incest committed by a father to his biological daughter or a brother to his biological sister, and that such offenders should receive the harshest sentence. It said an uncle and his maternal niece committing incest is not on that same level and, if there was no violence involved, the length of the sentence should reflect it.
There are more severe sentences for those who commit incest through rape. The offence of incestuous rape is punishable with not less than 8 years' imprisonment and not more than 30 years' imprisonment. In addition, those convicted receive not less than 10 strokes.
Malaysian law also considers sexual intercourse with the stepfamily to be incestuous.
Pakistan
The legal code of Pakistan defines incest as marriage between a male and either his:- wife or former wife of father, grandfather and further ancestors
- Mother, grandmother and further ancestors
- Daughter, granddaughter and further descendants
- full or half-sister
- parents' sisters, grandparents' sisters and further ancestors' sisters
- daughter, granddaughter and further descendant of full or half-sibling
- suckling ancestor
- suckling sister
- Mother, grandmother and further ancestors of wife or former wife
- Daughter, granddaughter of wife or former wife
- Wife or former wife of true son or grandson and further descendants
- Sororal polygyny
Philippines
Article 81 of the Civil Code of the Philippines considers marriages between the following incestuous and void from their performance:- Between brothers and sisters, whether of the full or half blood;
- Between collateral relatives by blood within the fourth civil degree
In the 1973 visa proceedings case of In re: Bautista, an Immigration Officer denied entry to a married couple who were second cousins. In reaching the decision, the immigration officer relied on subsection 1 of Article 81 of the Civil Code. However, on appeal, it was found that the parties were collateral relatives and therefore fell under subsection 2 of the same Code, which prohibits marriages between relatives by blood within the fourth civil degree. The fourth civil degree includes first cousins. Second cousins, who are the children of first cousins, fall under the fifth civil degree and are not covered by the prohibition. The marriage, being valid under the laws of the place of celebration, was then recognized for immigration purposes only.
In addition, the prohibit by consanguinity the following marriages:
- Ascendants and descendants of any degree;
- Brothers and sisters, whether germane, consanguine or uterine; and
- Brothers or sisters and their descendants within the third civil degree.
Singapore
Taiwan
In Taiwan, officially the Republic of China, Article 983 of the prohibits marrying any lineal relative by blood or by marriage, collateral relative by blood if it is within the sixth degree of relationship, or if collateral relative by marriage is within the fifth degree of relationship of a different rank. Relatives by marriage or adoption are prohibited marriage and cannot marry even after the marriage or adoption has ended. The degree of relationship is calculated vertically, therefore a sibling is within the second degree of relationship. The No.32 and No. 91 allows marriage between siblings by adoption when the adoption was intended for the marriage. When the interpretation was made, it was not uncommon for parents to adopt a child so that their own child can marry the adopted child when both children have grown up.Article 230 of the prohibits sexual intercourse between any lineal relatives by blood or collateral relatives within the third degree of relationship by blood. Violators may be imprisoned for up to 5 years.
Thailand
Incestuous relations between adults are not prohibited by law. Incestuous marriage is prohibited by law.Vietnam
Incest between people of direct blood line is illegal in Vietnam and is punishable by sentencing to between 6 months and 5 years of imprisonment.Europe
Most European countries prohibit incest; apart from those listed below, these include: Albania Article 106, Ukraine Article 155 Paragraph 2, Slovenia Article 195, Slovakia Section 203, Serbia Article 197, Poland Article 201, Norway Article 197 and 198, Bosnia and Herzegovina Article 201, Hungary Article 199, Bulgaria Article 154, Croatia Article 198, and Cyprus Article 147.Countries that allow incest between consenting adult siblings include France, Spain, the Benelux and Portugal.
Austria
In Austria, incest between lineal ancestors and descendants and between full siblings is prohibited. It is punishable by up to 3 years in prison.Czech Republic
Section 188 of the Czech Criminal code prohibits incest between lineal ancestors and descendants and siblings. The maximum penalty is 3 years of imprisonment.Denmark
In Denmark, incest is sex between lineal ancestors and descendants and between full siblings. Sex with a descendant is punishable by up to 6 years imprisonment. Sex between siblings is punishable by up to 2 years imprisonment.Estonia
In Estonia, sexual intercourse or commission of another act of sexual nature by a parent, person holding parental rights or grandparent with a child or grandchildis punishable by two to eight years imprisonment.
Finland
In Finland, sexual acts between one's full sibling, ancestor or descendant are punishable by a fine or up to two years in prison for "sexual act between close relatives". However, no punishment is given to a person who was under 18 years old when performing a sexual act with a parent or grandparent or if the person was forced or illegally persuaded to perform the sexual act. The marriage law defines, that marriage between one's sibling, half-sibling, ancestor or descendant is forbidden.France, Belgium, and Luxembourg
The 1810 penal code, which was promulgated by Napoleon I and adopted throughout most of Europe, abolished incest laws in France, Belgium, and Luxembourg. On 27 January 2010, France reinstated laws against incest. The new law, however, defines incest as rape or sexual abuse on a minor "by a relative or any other person having lawful or de facto authority over the victim". Incest between consenting adults is not prohibited.Germany
In Germany, incest is legally defined as vaginal intercourse between lineal ancestors and descendants and between full and half-siblings. The penalty is a fine or up to 3 years of prison. Incest between relatives who are minors at the time of offence is not punishable but remains a crime, therefore aiding and abetting of incest between related minors is punishable.Regarding marriage, the same rules apply and prohibit marriage between aforementioned relatives.
The criminal liability of incest among consenting adults is disputed in Germany. In the case of Patrick Stübing, the Federal Constitutional Court ruled in 2008 that the criminalization of incest is constitutional in a 7:1 vote with one judge dissenting.
In September 2014 the German Ethics Council recommended that the government abolish laws criminalizing consensual incest between adult siblings, arguing that such bans impinge upon citizens.
Greece
Article 345 of the Greek Penal Code as modified by Article 2, Paragraph 8 of Law 3625/2007 and Article 3 Paragraph 10 of Law 3727/2008 prohibits incestuous relations between relatives of both ascending and descending line, and between half or full siblings, and imposes for the ascending relative : at least 10 years' imprisonment if the descending relative is under 15 years old, imprisonment if 15 but not 18 years old, and maximum 2 years' imprisonment if 18 years and older; for the descending relative maximum 2 years' imprisonment; for half- or full siblings maximum 2 years' imprisonment. Paragraph 2 of Article 345 Penal Code also states that if the descending relative and the half or full siblings were under 18 years old, they might be cleared of any charge.Also, Article 1357 of the Greek Civil Code prohibits the marriage of relatives of direct blood line in totality, and up the four degrees of consanguinity of the secondary blood line. Article 1358 of the Greek Civil Code also prohibits the marriage of relatives in law totally in direct blood line, and up the third degree of the secondary blood line.
Iceland
Article 200 of the Icelandic Penal Code prohibits incestuous relations between relatives of both ascending and descending line, and between half or full siblings, and imposes for the ascending relative : imprisonment up to a maximum of 12 years if the descending relative is between 15 and 17 years old, imprisonment up to a maximum of 8 years if 18 years and older; for siblings a maximum 4 years' imprisonment—if the half or full siblings were under 18 years old, they might be cleared of any charge.Republic of Ireland
Incest is illegal in the Republic of Ireland under the Punishment of Incest Act 1908, which pre-dates the foundation of the state.It is illegal for a male to have sexual intercourse with his granddaughter, mother, daughter, sister, or half-sister; and for a female with her grandfather, father, son, brother, or half-brother. The act does not refer to other familial relationships, or same-sex relations.
Prior to the amendment of the 1908 Act in 2019, incest was punishable by up to 7 years' imprisonment for a female and up to life imprisonment for a male. The Criminal Law Act 2019 amended the Act of 1908 to provide for a maximum term of 10 years' imprisonment for both males and females.
Occasionally, offenders convicted of incest will be admitted to a psychiatric hospital for psychiatric treatment.
Italy
Incest is illegal in Italy only if it provokes public scandal, according to Article 564 of the Penal code and punishable from 2 to 8 years' imprisonment, open to more years for the older person if the other was under aged.Latvia
Incest is not criminally prohibited in Latvia except as part of the general protection of adolescents from sexual abuse.Lithuania
Criminal Code of Lithuania does not explicitly foresee a criminal punishment for incest between adults, however it does state that "A father, mother, guardian, custodian or another lawful representative of a child or a person holding statutory powers in respect of a minor who has sexual intercourse or otherwise satisfied his sexual desires with that minor, in the absence of characteristics of a rape, sexual assault or sexual abuse, shall be punished by a fine or by restriction of liberty or by arrest or by a custodial sentence for a term of up to six years." Thereby, the law explicitly foresees a criminal punishment for incest between a parent and a child or for persons of similar standing.Netherlands
Consensual incest between adults is legal in the Netherlands. Marriage is forbidden between ancestors and descendants or between siblings, although the Minister of Justice may grant dispensation in the case of siblings by adoption. Marriage is also forbidden between blood relations of the third and fourth degree, unless both partners have signed a declaration of consent.Norway
Incest is illegal in Norway and is defined as intercourse between ancestors and descendants, siblings, and even stepfamily. It is punishable by up to 5 years in prison.Poland
In Poland, incest is defined in Article 201 of the as sexual intercourse with an ancestor, descendant, guardian, ward, brother, or sister, and is punishable by imprisonment for no less than 3 months and no more than 5 years.Portugal
Incest is not specifically prohibited under Portuguese law.Romania
Incest is defined in the Penal Code as "consensual sexual relations between lineal relatives or between siblings" and is punished by a year to 5 years in prison.Russia
In Russia, consensual sex between adults, including incest, is not a crime. However, under the Family Code of Russia, persons who are related lineally, siblings, half-siblings, and a stepparent and a stepchild may not marry.Slovenia
Incest in Slovenia is not criminally prohibited unless one person is a minor. A person who has sexual relations with a blood relation minor is punished to 2 years in prison.Spain
Consensual incest between adults is legal in Spain.Sweden
Incest with a descendant or a full sibling is prohibited by law in Sweden. Half-siblings can marry, but require special approval by the government.Switzerland
Article 213 of the Swiss Penal Code prohibits incest. Intercourse among siblings or other persons related by blood in direct line is punishable by up to 3 years' imprisonment. The federal government proposed to abolish this prohibition in 2010, arguing that in the few cases where persons were convicted of incest, other sexual crimes such as child sexual abuse were also committed.Turkey
and avunculate marriage is prohibited, while cousin marriage is legal. Marriage between parents and offspring is also prohibited, even when there is no blood relationship, i.e. adoptive parent or parent-in-law.United Kingdom
Legislation regarding sexual offences in the United Kingdom is devolved. Sex with an adult who is related as parent, adoptive parent, grandparent, child, adopted child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece, is illegal. In England and Wales the offence is against the Sexual Offences Act 2003 which effectively replaced the offence of incest with two new wider groups of offences: familial child sex offences and sex with an adult relative. These laws are intended to protect the rights of people, so as to avoid potential violation. However, these laws still outlaw consensual sexual relationships between family members, even if they are fully willing and knowledgeable of the potential consequences. There has been some debate surrounding the rhetoric used by the Sexual Offences Review Team. Roffee discusses how the language used manipulates the reader to deem consensual familial sexual acts as not only illegal, but also immoral. In Northern Ireland similar offences are against the Sexual Offences Order 2008.In Scotland the offence is against the Criminal Law Act 1995, the provisions of which effectively replaced the Incest and Related Offences Act 1986. Prior to the 1986 Act the law was based on the Incest Act 1567 which incorporated into Scots criminal law Chapter 18 of the Book of Leviticus, using the version of the text of the Geneva Bible of 1562. In January 2016 a petition calling for "Adult Consensual Incest" to be decriminalised was submitted to the Scottish Parliament's Public Petitions Committee, but the petition was not debated and no change was made to the law.
Oceania
Australia
In Australia, federal marriage law prohibits marriage between an ancestor and descendant or siblings, including those traced through adoption. Also, under federal law, sexual conduct between consenting adults is legal, which also applies to close family members. Subject to this overriding federal law, incest continues in the statute books as a crime in every Australian jurisdiction, but definitions and penalties vary.In all jurisdictions except New South Wales, incest is sexual intercourse between a lineal ancestor and a lineal descendant. In New South Wales, incest takes place between "close family members", which are "parent, son, daughter, sibling, grandparent or grandchild, being such a family member from birth". Incest generally only applies in cases where a participant is aged 16 or over ; and where the participant is aged between 10 and 16 years of age an older participant would generally be charged with sexual intercourse with a child under the age of 16, while cases in which a participant is under 10 an older participant would generally be charged with sexual intercourse with a child under the age of 10.
In Queensland, unlawful incest includes sexual intercourse between an uncle or aunt with their niece or nephew, although here its application is curtailed by the effect of the federal Marriage Act 1961, as the Queensland Criminal Code states that the crime of incest does not apply to "persons who are lawfully married or entitled to be lawfully married". Thus it is not incest for a niece aged 16 or over to engage in sexual intercourse with their uncles and a nephew aged 16 or over may engage in sexual intercourse with their aunts. The same principles apply in a same-sex context, as the Marriage Act allows same-sex marriage.
In all other jurisdictions, incest can also arise where one of the parties is below the age of consent, but this does not exclude the possibility of bringing the more general charge of sexual intercourse with a child under the age of 10, 12, 16 or 17 as the case may be. This is particularly relevant where a certain form of sexual conduct between related persons falls outside of the legal definition of incest in a particular jurisdiction.
In no Australian state or territory is consent a defense to incest. The maximum penalty for incest varies: 8 years' imprisonment in New South Wales; 10 years' imprisonment in South Australia; 20 years' imprisonment in Western Australia and the Australian Capital Territory; 25 years' imprisonment in the Northern Territory, Victoria, and Tasmania; and life imprisonment in Queensland. After one conviction for incest, the offender's name is placed on the sex offender registry for 15 years, while any offender with two or more convictions for incest has their name placed on the registry for the remainder of their life.
No particular laws apply to relationships arising from a sperm donation.
New Zealand
In New Zealand, incest is sexual connection between a parent and child, grandparent and grandchild, and full and half-siblings.It is a defence if the person was unaware of the relationship at the time of the act. A conviction for incest attracts a maximum penalty of 10 years' imprisonment. Incest is the only sexual crime punishable by 7 years or more imprisonment that is not subject to the country's "three-strikes" law.
It is also illegal in New Zealand to have a sexual connection with a dependent child under 18; this includes step-children, foster children and wards. A conviction for having a sexual connection, or attempting to have a sexual connection, with a dependent child attracts a maximum penalty of 7 years' imprisonment.