Child of Catholic parents baptized protestant: Canons 11 and 861

A case at the tribunal presents the following facts. Jack, who is baptized but claims no denominational adherence, is seeking an annulment from a previous marriage to a Protestant in order to marry a Catholic. It seems that Jack, the son of non-practicing Catholic parents, was born with some medical...

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Bibliographic Details
Main Author: Huels, John M. 1950- (Author)
Format: Print Article
Language:English
Check availability: HBZ Gateway
Interlibrary Loan:Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany)
Published: 2006
In: Roman replies and CLSA advisory opinions
Year: 2001, Volume: 3, Pages: 7-13
IxTheo Classification:SB Catholic Church law
Further subjects:B Baptism
B Ecumene
B Holy See (motif) Codex iuris canonici 1983. can. 11
B Holy See (motif) Codex iuris canonici 1983. can. 861
B Sakramentenrecht
Description
Summary:A case at the tribunal presents the following facts. Jack, who is baptized but claims no denominational adherence, is seeking an annulment from a previous marriage to a Protestant in order to marry a Catholic. It seems that Jack, the son of non-practicing Catholic parents, was born with some medical problem and was baptized by a Protestant nurse in the hospital who feared he was in danger. However, the baptism is not recorded anywhere, and Jack has never practiced the Christian faith, either as a youth or as an adult. Is Jack a Protestant in virtue of the denomination of the minister of baptism, or a Catholic in virtue of the parents? I understand there is no such thing as a “generic Christian,” so he must be one or the other. Does it matter whether the minister or parents intended that Jack be a Catholic? If he is a Catholic, could this be a lack of form case, or must Jack be considered to have formally defected from the Church?
Contains:Enthalten in: Roman replies and CLSA advisory opinions