| (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.
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