§ 3. Legal Kinship

94. • I. Notion.

It is the propinquity of persons arising from adoption.

95. • II. When it is a merely prohibiting impediment.

This depends upon the civil law of each nation, which in this matter is canonized by the Church.

"In those regions where by civil law legal kinship, arising from adoption, renders nuptials illicit, by canon law also the matrimony is illicit." (Can. 1059.)

a) In Belgium, France, Luxembourg, and Romania civil law establishes a merely prohibiting impediment, and indeed one in force:

1. between the adopter and the adopted person and his descendants.

2. between the diverse adoptive children of the same adopter.

3. between the adopted person and the children whom the adopter shall afterward have.

4. between the adopted person and the wife of the adopter, and between the adopter and the wife of the adopted person.

The impediment is perpetual with respect to legal paternity and affinity, i.e., with respect to the persons indicated under nn. 1 and 4.

It is temporary with respect to legal fraternity, i.e., with respect to the persons listed under nn. 2 and 3. For the impediment ceases as soon as the adopted son or the natural children are emancipated.

b) In Germany it is in force only between the adopted person and the adopter and his descendants, whether natural, even illegitimate, or adoptive.

It ceases with the adoption itself.

c) In Hungary it is in force:

1. between the adopter and the adopted person.

2. between the adopter and the wife of the adopted person, and between the adopted person and the wife of the adopter.

3. between the natural children, even illegitimate, of the adopter and the adopted person and the wife of the same.

4. between the natural children of the adopted person and the wife of the adopter.

Once the adoption has been dissolved, the impediment ceases.

d) In Switzerland it is in force:

1. between the adopter and the adopted person.

2. between the adopter and the wife of the adopted person, and between the adopted person and the wife of the adopter.

e) In Venezuela it is in force:

1. between the adopter and the adopted person and his descendants.

2. between the diverse adoptive children of the same adopter.

3. between the adopted person and the later-born children of the adopter.

4. between the adopter and the spouse of the adopted person, and between the adopted person and the spouse of the adopter.

Once the adoption has been dissolved, the impediment vanishes.¹

¹ Capello, op. cit., n. 324.

N. B. In the other regions, besides those indicated here and at n. 173 b, the impediment of legal kinship is in no way in force.