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The anthropological handbook Notes and Queries (1951) defined marriage as "a union between a man and a woman such that children born to the woman are the recognized legitimate offspring of both partners." In recognition of a practice by the Nuer people of Sudan allowing women to act as a husband in certain circumstances (the ghost marriage), Kathleen Gough suggested modifying this to "a woman and one or more other persons." In an analysis of marriage among the Nayar, a polyandrous society in India, Gough found that the group lacked a husband role in the conventional sense; that unitary role in the west was divided between a non-resident "social father" of the woman's children, and her lovers who were the actual procreators.None of these men had legal rights to the woman's child.Since the late twentieth century, major social changes in Western countries have led to changes in the demographics of marriage, with the age of first marriage increasing, fewer people marrying, and more couples choosing to cohabit rather than marry.For example, the number of marriages in Europe decreased by 30% from 1975 to 2005.Edmund Leach criticized Gough's definition for being too restrictive in terms of recognized legitimate offspring and suggested that marriage be viewed in terms of the different types of rights it serves to establish.

Conversely, civil marriage does not exist in some countries governed by a religious legal system, such as Saudi Arabia, where marriages contracted abroad might not be recognized if they were contracted contrary to Saudi interpretations of Islamic religious law.Conversely, such practices may be outlawed and penalized in parts of the world out of concerns of the infringement of women's rights, or the infringement of children's rights (both female and male children), and because of international law.In developed parts of the world, there has been a general trend towards ensuring equal rights within marriage for women and legally recognizing the marriages of interfaith, interracial, and same-sex couples.In countries governed by a mixed secular-religious legal system, such as in Lebanon and Israel, locally performed civil marriage also does not exist within the country, preventing interfaith and various other marriages contradicting religious laws from being entered into in the country, however, civil marriages performed abroad are recognized by the state even if they conflict with religious laws (in the case of recognition of marriage in Israel, this includes recognition of not only interfaith civil marriages performed abroad, but also overseas same-sex civil marriages).The act of marriage usually creates normative or legal obligations between the individuals involved, and any offspring they may produce or adopt.

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