For the application of declaring marriage invalid on the grounds that there is a kinship forbidden to marry, if the parties have been married for many years and have children and no longer have children, the marriage may not be declared invalid to protect the legitimate rights and interests of women and children.
1. The Marriage Law of our country stipulates that: direct blood relatives and collateral blood relatives within three generations are forbidden to marry, marriages with kinship banned for marriage are invalid, invalid marriages are invalid from the beginning. The parties do not have the rights and obligations of the husband and wife. The property obtained during the cohabitation period shall be dealt with by the parties; if the agreement is not reached, the people s court shall make a judgment based on the principle of taking care of the party without fault. The disposition of the property of invalid marriage caused by bigamy shall not infringe the property rights of the legal marriage parties. The children born to the parties shall be subject to the provisions of this Law on parents and children.
2. The Judicial Interpretation of Marriage Law 1 stipulates that: Subjects who have the right to declare a marriage invalid to a people s court for a marriage application that has been registered for marriage in accordance with Article 10 of the Marriage Law, including the parties to the marriage and interested parties. Among them, if an application for declaring a marriage is invalid on the grounds that there is a kin relationship that prohibits marriage, the interested person is a close relative of the party.
After After marriage, if the two parties are close relatives, the marriage can be deemed invalid. For this reason, if the parents do not agree with the child s marriage relationship, they can use this as a reason to determine that the child s marriage relationship is invalid.