Am I illegitimate?

[jayk15]

My mom had her first marriage about thirty years ago then got divorced later. She got married to my father(her 2nd husband) in court seventeen years ago. They got married in court because they weren’t very strong in their religion. I was born sixteen years ago. Two years ago we came back to the Catholic church. My mom is in the process of getting an anullment of her first marriage as their are a lot of reasons why the marriage wasn’t valid then she and my father are going to get married in the Catholic Church. Am I an illegitimate child because my mother didn’t get married to my father in the proper way and because she is still in the eyes of the Church married to her first husband?

 

[PacoG]

My mom had her first marriage about thirty years ago then got divorced later. She got married to my father(her 2nd husband) in court seventeen years ago. They got married in court because they weren’t very strong in their religion. I was born sixteen years ago. Two years ago we came back to the Catholic church. My mom is in the process of getting an anullment of her first marriage as their are a lot of reasons why the marriage wasn’t valid then she and my father are going to get married in the Catholic Church. Am I an illegitimate child because my mother didn’t get married to my father in the proper way and because she is still in the eyes of the Church married to her first husband?

This is what I found on the issue as to Church Law (Source: stdanielclarkston.org/annulmnt.htm):

QUESTION: Will my children be illegitimate if my marriage is annulled?

Answer: NO! This is a grave misconception. The marital status of the parents does not affect the status of the children. All children are created in God’s image and have equal status in the church. Neither civil law nor church law considers the children of an annulled marriage illegitimate. Nor does the annulment imply that the children were not the fruit of a genuine human love. Annulment is simply a decision on the circumstances surrounding a marriage that could prevent that marriage from being a sacramental marriage.

As to civil law, due to U.S. Supreme Court fourteen amendment decisions, states can no longer discriminate on the basis on legitimacy.

 

[Joan_M]

No you are not illegitimate. Legitimacy has to with civil law. Your mother and father, although not married in the church, were legally married, so you are legitimate.

 

[jmcrae]

My mom had her first marriage about thirty years ago then got divorced later. She got married to my father(her 2nd husband) in court seventeen years ago. They got married in court because they weren’t very strong in their religion. I was born sixteen years ago. Two years ago we came back to the Catholic church. My mom is in the process of getting an anullment of her first marriage as their are a lot of reasons why the marriage wasn’t valid then she and my father are going to get married in the Catholic Church. Am I an illegitimate child because my mother didn’t get married to my father in the proper way and because she is still in the eyes of the Church married to her first husband?

Legitimacy of children is a matter for the civil law.

I don’t think there are such persons as illegitimate children any more, legally speaking. All children have the same rights under the law, these days. We no longer ban the children of unmarried mothers from attending school or taking whatever work they are qualified for, and if their father wishes to grant them an inheritance, he can, even if he isn’t married to their mother.

Bottom line - don’t worry. Your prospects for the future remain the same as they always have been, regardless of the outcome for your mother’s marriage(s).

 

[EasterJoy]

Legitimacy is a concept having to do with having standing to inherit property or position. The Church was, at one time, the arbiter of this kind of a dispute, particularly within noble families, and so took positions on declaring legitimacy of heirs as a way of keeping the peace. Priests were also not chosen from among those who were not legitimate heirs; I have been told that this was to prevent the scandal of gossip implying that celibate bishops had installing their sons, born outside of marriage, within the heirarchy of the Church. (Which undoubtedly did happen from time to time, more than we’d like to think, especially since installing the sons probably saved the fathers from public revelations by the mothers.)

Among some, though, it became an excuse to treat a child as a non-person, based on supposed knowledge of the moral failings of their parents. This came out of confusing someone who could legitimately inherit property or title with someone who legitimately existed! And that is the cruel irony: the concept was invented to legally prevent enshrining the illicit (and often secret) relationships of adults and became a way to punish children for the sins of the parents. Such a tragedy.

If your mother had married a nobleman or landowner as her second husband in that long-ago time, if you now stood to inherit the throne or the family estates over another relative, and there was reason to believe your mother had legally committed bigamy by marrying your father, then this might have been a legal issue that required investigation. As long as you aren’t claiming to be in the line of a European monarchy, though, legitimacy is not even a concept that has meaning that applies to you. The Church doesn’t even deal with legitimacy any more, and most civil governments around the world don’t either…although if they did, your mother’s civil divorce would suffice for them.

As it is, every child exists legitimately, including you. If a someone becomes a parent, they are responsible for their child, whether or not the child was conceived within a valid marriage. Case closed.

 

[Spirithound]

Am I an illegitimate child…?

No, “illegitimate” is not a term we use in Catholicism.

 

[Belloc_Fan]

No, “illegitimate” is not a term we use in Catholicism.

No, illegitimate is a term we use in Catholicism: specifically, in canon law, since many things may be tied to one’s status as legitimate or illegitimate (for example, inheritor rights, or succession rights: for example, for royalty). Granted, it matters much less now than it once did, but it’s still sometimes important. And no, jayk15, you’re not illegitimate.

Your parents’ marriage was a putative marriage, so long as one or both parties had a good-faith belief that it was a valid marriage, and it seemed to be a valid marriage externally. Here’s how the Catholic encyclopedia defines it:

Putative (Latin, *putativus *supposed) signifies that which is commonly thought, reputed, or believed. A putative marriage, consequently, in canon law is a matrimonial alliance which is commonly reputed to be valid, and is sincerely believed by one at least of the contracting parties to be so in the eyes of the Church, because entered into in good faith; but which in reality is null and void, owing to the existence of a diriment impediment. The Church too in her external forum recognizes such a marriage, until its invalidity be proved; and concedes to the children born thereof the rights of legitimacy. newadvent.org/cathen/12584a.htm

Under Catholic canon law, “children conceived in, or born from, a valid or putative marriage are legitimate” (canon 1137). Canon 1138 sets up a time limit for this (not less than 180 days after the celebration of ‘marriage,’ and not more than 300 days after the ceasing of “the conjugal life,” if the couple separates).

Finally, if the marriage is annulled, it was *never *a marriage in the eyes of God. It doesn’t go from being a “'til death do us part” legitimate marriage to an illegitimate marriage. Rather, it was **never **a marriage in the sense that God uses the term.

So short answer: if your parents believed in good-faith that they were married, and outsiders believed so as well, you’re legitimate, even if the marriage wasn’t.

 

[1ke]

I presume your parents are Catholic since you say you “came back” to the Catholic Church.

Regarding civil law, no you are not illegitimate.

Regarding church law, yes, you would be considered illegitimate under canon law because your parents are not married validly. When your parents have their marriage convalidate, you **become **legitimated.

*Can. 1139 Illegitimate children are legitimated by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See.

Can. 1140 As regards canonical effects, legitimated children are equal in all things to legitimate ones unless the law has expressly provided otherwise.*

Under the old code of canon law, legitimacy was relevant to the ability to enter into the priesthood and exercise certain rights and such. This is no longer the case under the new code (1983).

There is no stigma on you for your **parents **actions so I wouldn’t be too concerned about this if I were you. Why have you asked the question? Are you concerned about this for some reason?

 

[1ke]

And no, jayk15, you’re not illegitimate.

Your parents’ marriage was a putative marriage, so long as one or both parties had a good-faith belief that it was a valid marriage, and it seemed to be a valid marriage externally.

I think you misread the post. The OP is not born of the first marriage, which would be a putative marriage if a decree of nullity is issued.

The OP was born of the currently **invalid **second marriage. So, yes, the OP is illegitimate according to canon law. The OP’s status will change when/if the parents convalidate their marriage.

 

[jayk15]

Just something I thought of a stumbling block to become a priest. I’ve been battling to get a straight answer from the internet

 

[jmcrae]

Just something I thought of a stumbling block to become a priest. I’ve been battling to get a straight answer from the internet

Father Calloway’s mother doesn’t even know who his father actually was; she certainly wasn’t married to anyone at the time of Father Calloway’s birth. It’s not the obstacle today that it once was.

 

[EasterJoy]

Father Calloway’s mother doesn’t even know who his father actually was; she certainly wasn’t married to anyone at the time of Father Calloway’s birth. It’s not the obstacle today that it once was.

It is not an obstacle at all. The concept of illegitimate children doesn’t even exist any more. You could known to be the product of a test-tube meeting between total strangers, and it would not pose any obstacle to entrance into the seminary.

Keep in mind, the concept was used to keep bishops from installing sons conceived outside of marriage within the heirarchy of the Church and to keep kings and princes from installing the sons of their lovers in hereditary positions that belonged to the children of their wives. That it also became a concept used to punish children for the sins of their parents is a tragedy that should be totally repudiated.

 

[NewEnglandPriest]

Just something I thought of a stumbling block to become a priest. I’ve been battling to get a straight answer from the internet

No, whether a person is “legitimate” or “illegitimate” has no bearing on the status of a candidate for the priesthood.

Those are terms that have no real usage in today’s world.

 

[1ke]

Just something I thought of a stumbling block to become a priest. I’ve been battling to get a straight answer from the internet

Under the old code of canon law (pre 1983) illegitimacy did indeed prevent one from entering the priesthood, but it could be dispensed.

Under the current code there is no impediment. Discern whether or not you are called to the priesthood, talk to the diocesan vocations director, and do not be troubled about your canonical status.

 

[Cadellin]

There is an old saying, ‘There are no illegitimate children, only illegitimate parents.’

 

[PeteO]

I would just like to say there are a lot of great answers in this thread.
Kudos

 

[Ginkgo100]

My mom had her first marriage about thirty years ago then got divorced later. She got married to my father(her 2nd husband) in court seventeen years ago. They got married in court because they weren’t very strong in their religion. I was born sixteen years ago. Two years ago we came back to the Catholic church. My mom is in the process of getting an anullment of her first marriage as their are a lot of reasons why the marriage wasn’t valid then she and my father are going to get married in the Catholic Church. Am I an illegitimate child because my mother didn’t get married to my father in the proper way and because she is still in the eyes of the Church married to her first husband?

Being “legitimate” or “illegitimate” is meaningless to the Church. It has to do with civil law and right of inheritance. I’m no lawyer, but I believe that since your parents were married in the eyes of the state, you’re legitimate. As for the Church, you are considered the child of your parents, with as full and equal a share in God’s promise as any other person, regardless of the circumstances of your arrival. It does not matter whether your parents were married in the eyes of God at the time. Christ’s mother was not married, either!