Polygamy is the practice or custom of having more than one wife or husband at the same time. As a reflection of a patriarchal culture that has been prevailing around the world for centuries, the most common form of polygamy is polygyny, in which a man is married to more than one woman at the same time. The polyandry, in which a woman takes two or more husbands at the same time, is far less common.
A polygamous relationship has a central person who is married to the others, but the latter are not married to each other. They are only married – and have a romantic relationship – with the central individual.
While some societies and religions – such as Islam – allow polygamy, many countries frown upon or even outlaw it. For instance, in the United States, Canada, China, Taiwan, and Turkey, polygamy is prohibited, and violators may face legal consequences.
In Brazil, the criminal code dated from 1940 establishes that a married person who enters into a second marriage can be sentenced to 2 to 6 years in jail. For civil law purposes, the second marriage is null.
Despite the legal prohibition, polygamy is practiced in many countries in an informal fashion, that is, the second and following marriages remain unregistered. This means that not all members in the relationship will have legal protection in case of separation, divorce, and death of their partners.
It is important to note that group marriages, where all individuals are romantically involved with one another, are often considered a form of polygamy. These non-traditional family structures are becoming more frequent in modern times.
Recently, a “throuple” from Novo Hamburgo, Brazil, sought legal recognition for their unique family. Denis and Letícia Ordovás had been married since 2006 when Keterlin Kaefer joined their family in 2013. The three had been openly living together as a family for almost ten years when Keterlin became pregnant.
The throuple wanted to officially register their relationship and ensure that their baby could have all three parents recognized. Their initial attempt to do so with a notary public, where common-law marriage records are typically kept, was denied.
Denis and Letícia then got a divorce and the throuple embarked on a quest to have their family legally recognized. In August, the Family Court of Novo Hamburgo issued a decision granting them the right to register their three-way marriage as a common-law marriage and have the names of all three parents on the baby’s birth certificate.
This decision was celebrated and set an important precedent for other non-traditional families seeking legal protection and highlights the need for updated legislation that reflects the evolving nature of society.
Not too long ago Brazil faced a similar debate regarding same-sex marriage. In 2011, the Supreme Court ruled that the definition of family should not be limited to a union between one man and one woman.
We are left to wonder when lawmakers will recognize non-traditional families for what they are: people who love each other and deserve the same legal protection and respect as so-called “traditional” families.
The article above was edited by Clarissa Palácio.
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