Void Marriages being Contrary to Public Policy, A38 Family Code
1. Contrary to Public Policy
| Contrary to public policy | 1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree |
| 2) Between step-parents and step-children | |
| 3) Between parents-in-law and children-in-law | |
| 4) Between the adopting parent and the adopted child | |
| 5) Between the surviving spouse of the adopting parent and the adopted child | |
| 6) Between the surviving spouse of the adopted child and the adopter | |
| 7) Between an adopted child and a legitimate child of the adopter | |
| 8) Between adopted children of the same adopter | |
| 9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. |
a. Collateral blood relatives up to 4th civil degree;
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; x x x
1) Marriages between collateral blood relatives up to 4th civil degree are contrary to public policy and thus void.
2) A marriage between close relatives within the fourth civil degree of consanguinity—such as first cousins—is considered legally void from the very beginning. The law prohibits these unions because they involve individuals who share a common bloodline within a relatively close range. Such marriages are seen as harmful to the social and moral fabric of the family and society, potentially leading to complications in family dynamics and genetic concerns in offspring. To safeguard public welfare and uphold traditional family boundaries, the law declares these marriages contrary to public policy and therefore without legal recognition.
1) Fourth degree of consanguinity
| Degree of Consanguinity | Relatives |
| 1st Degree | Parents Children |
| 2nd Degree | Grandparents Grandchildren Siblings |
| 3rd Degree | Great-grandparents Great-grandchildren Uncles and Aunts Nephews and Nieces |
| 4th Degree | Great-great-grandparents Great-great-grandchildren First cousins Grandnephews and Grandnieces Great-uncles and Great-aunts |
b. Step-parents and step-children
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
x x x
(2) Between step-parents and step-children; x x x
1) Marriages between step-parents and step-children are contrary to public policy and thus void.
2) A marriage between a stepparent and a stepchild is legally invalid and considered void from the outset. Although there may be no blood relation, the law treats this relationship as part of the family structure that must be respected and preserved. Such a union is seen as crossing moral and social boundaries, disrupting the roles expected within a household formed through marriage. To protect the integrity of familial relationships and uphold public morals, the law declares this type of marriage contrary to public policy and therefore without legal effect. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 12 April 2025])
c. Parents-in-law and children-in-law
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
x x x
(3) Between parents-in-law and children-in-law; x x x
1) Marriages between parents-in-law and children-in-law are contrary to public policy and thus void.
2) A marriage between a parent-in-law and their child-in-law is legally invalid and considered void from the beginning. This prohibition exists because such a relationship is seen as violating deeply held social norms and moral expectations tied to family structure. The bond between in-laws arises from a previous marriage, and allowing them to marry each other would blur generational roles and disrupt the moral fabric that governs familial relationships. To preserve the dignity and order of the family unit, the law deems these marriages contrary to public policy and does not recognize them as valid. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
d. Adopting parent and adopted child
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
x x x
(4) Between the adopting parent and the adopted child; x x x
1) Marriages between adopting parent and adopted child are contrary to public policy and thus void.
2) A marriage between an individual and their adopted child is legally void and considered never to have existed. This is because the law treats adopted children as if they were the adopter’s natural offspring, creating a parent-child relationship with all its legal and moral responsibilities. Allowing a marriage between the adopter and the adopted child would undermine this familial bond and violate societal standards that protect the integrity of the family unit. As such, this type of union is forbidden from the beginning for reasons grounded in public policy. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
e. Surviving spouse of adopting parent and adopted child
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
x x x
(5) Between the surviving spouse of the adopting parent and the adopted child; x x x
1) Marriages between adopting parent’s surviving spouse and adopted child are contrary to public policy and thus void.
2) A marriage between the adopted child and the surviving spouse of the person who adopted them is not legally permitted and is void from the outset. This prohibition exists because the law regards the adopted child as having the same familial standing as a biological child. Allowing a marriage between them and the adopter’s widow or widower would violate the moral structure and integrity of the adoptive family. Such a relationship is seen as incompatible with the roles and boundaries expected within a legally established parent-child framework, and therefore, is considered contrary to public policy. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
f. Surviving spouse of adopted child and adopter
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
x x x
(6) Between the surviving spouse of the adopted child and the adopter; x x x
1) Marriages between adopted child’s surviving spouse and adopter are contrary to public policy and thus void.
2) A marriage between a person who adopted a child and the surviving spouse of that adopted child is not legally recognized. This type of union is considered invalid from the start because it goes against public policy. The law views the relationship between an adopter and an adopted child as similar to that of a biological parent and child. Therefore, marrying the widow or widower of the adopted child would blur essential familial boundaries and disrupt the moral and social order the law seeks to uphold within the adoptive family. As such, this marriage is declared void. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
g. Adopted child and adopter’s legitimate child
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
x x x
(7) Between an adopted child and a legitimate child of the adopter; x x x
1) Marriages between adopted child and adopter’s legitimate child are contrary to public policy and thus void.
2) A marriage between an adopted child and the legitimate biological child of the person who adopted them is legally prohibited from the outset. This kind of union is not allowed because the law treats the adopted child as if they were a natural-born member of the family. Allowing such a marriage would undermine the familial bonds and social expectations established through adoption. For this reason, such marriages are deemed void from the beginning as they violate principles of public policy that protect the sanctity and integrity of the family structure. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
h. Adopted children of the same adopter
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
x x x
(8) Between adopted children of the same adopter; x x x
1) Marriages between adopted children of the same adopter are contrary to public policy and thus void.
2) Marriages are deemed void when they occur between individuals who were both adopted by the same parent. Even though they are not related by blood, the law treats such unions as contrary to public policy because adoptive siblings are expected to regard each other as family. Allowing them to marry would undermine the familial bond and structure that adoption is intended to create. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
i. One contracting party killing own spouse or the other person’s spouse
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
x x x
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. (82)
1) Marriages between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse, are contrary to public policy and thus void.
2) A marriage is considered [void] from the outset when it involves individuals who, driven by a desire to marry one another, were responsible for the killing of either of their respective spouses. This rule is grounded in public policy, recognizing that such acts violate the moral and legal standards of society, and therefore cannot give rise to a valid marital union. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
