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Remarried w/o annullment pre-V2: children illegitimate? - Printable Version

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Remarried w/o annullment pre-V2: children illegitimate? - newtolatin - 03-23-2015

Before V2, or at any time , were children born of those who were divorced and remarried without an annullment considered to be illegitimate, and for what purposes? I ask because it is important, not idle curiousity. My understanding was that legitimacy was determined by the civil authorities, not by the Church.

And fwiw, the situation in question occurred in the US. Maybe Catholic natuons had differing laws?


Thanks very very much!


Re: Remarried w/o annullment pre-V2: children illegitimate? - Credidi Propter - 03-23-2015

Quote:Legitimi sunt filii concepti aut nati ex matrimonio valido vel putativo, nisi parentibus ob sollemnem professionem religiosam vel susceptum ordinem sacrum prohibitus tempore conceptionis fuerit usus matrimonii antea contracti.

Translation:  Children conceived or born of a valid or commonly regarded as valid marriage are legitimate, if not prevented by their parents on account of solemn religious profession, ordination, or previous marriage at the time of conception.

What this means:  If the marriage is valid or people generally think of it as valid, the children are legitimate as long as neither of the parents have taken solemn vows, the father was not ordained prior to attempting marriage, and neither parent was in a previous marriage at the time of the child's conception.


Re: Remarried w/o annullment pre-V2: children illegitimate? - newtolatin - 03-23-2015

Thanks so much, Credidi. So that means that the children of a Catholic who remarried without an annullment would be considered illegitimate by the Church? I mean, they had a category for that?

(My understanding was that the Church didn't really categorize that way.)


Re: Remarried w/o annullment pre-V2: children illegitimate? - aquinas138 - 03-25-2015

(03-23-2015, 03:01 PM)newtolatin Wrote: Thanks so much, Credidi. So that means that the children of a Catholic who remarried without an annullment would be considered illegitimate by the Church? I mean, they had a category for that?

(My understanding was that the Church didn't really categorize that way.)

The Church certainly acknowledged illegitimacy - it was an impediment to Holy Orders before the 1983 CIC.