Family, The

Legal Definitions

Legal definitions of the family typically include blood relatives (e.g., parent and child) and individuals who have become related by court order (e.g., adoption) or in other legal action (marriage of two nonbiologically related individuals). Although this definition of a family is narrow and [Page 879]excludes many individuals from legally being part of a family, it is the most common definition used to define a family. Many individuals, when they are asked to name their family members, name people to whom they are related by marriage or blood (e.g., husband and wife; parent and child). Additionally, this definition is commonly used by formal institutions that deal directly with families (e.g., schools, health care facilities, insurance companies). Formal institutions usually have rules in which they provide information about a student, patient, or client only to “family members,” yet their legal definition(s) of family may exclude many people whom the student, patient, or client may actually view as members of his or her family. The main benefit of this definition over other definitions, which is related to why it is so universally accepted, is the biological and legal links. When a definition of family is viewed from a strictly biological perspective, however narrow and exclusive this may be, it is nevertheless the least ambiguous way of determining whether two people are related to each other. Legally binding documents (e.g., birth certificate, marriage license) provide concrete evidence of family relations.

Biological and Objective Definitions

Some scholars believe that families consist of members who are related by blood, as well as of individuals who are not related by blood or court orders. Therefore, legal definitions would not suffice for defining these types of families. Definitions of these types of families include both individuals related by blood (e.g., parents and child) and persons who are non-blood-related (e.g., stepparents and stepchildren). For example, consider a man and woman who marry each other, with one having children from a previous relationship. Although the marriage license would provide evidence for a legal relation between the two married individuals, there is no legal relationship between the stepparent and child unless the stepparent adopts the stepchild. However, these individuals may live under the same roof, take family vacations together, and interact in the same manner as a blood-related parent and child. Therefore, in cases such as these, the definition of family needs to be inclusive of more than blood and legally related individuals.

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