G
Glennonite
Guest
When a Catholic couple obtain an annullment from the Church, how are the children’s status with the Church affected? i.e. if there was no true marriage…
Thanks,
Glennonite
Thanks,
Glennonite
- Status
D
Della
Guest
The children are considered legitimate because their parents had intended marriage but had failed to actually contract it sacramentally. It does not affect their legal status in the least, either.
C
ConstantineTG
Guest
They will disappear from existence. If the marriage didn’t happen, the kids didn’t happen.When a Catholic couple obtain an annullment from the Church, how are the children’s status with the Church affected? i.e. if there was no true marriage…
Thanks,
Glennonite
Sorry, can’t resist. Here’s the serious answer, the parents will still be the parents and will have the usual responsibilities to the kids. It won’t affect any status. The marriage was believed to be valid until proven otherwise.
T
TimothyH
Guest
Whoa…Seriously? The theological implications are truly mind boggling!They will disappear from existence. If the marriage didn’t happen, the kids didn’t happen.
Could we call it “unsubstantiation?” The easterna nd western churches could then argue about the exact moment when the body and blood of the kids become a non-substance.
The real question is, what happens to all that money I paid for Catholic School tuition? Does that revert back to my bank account?
Sorry.
-Tim-
D
Della
Guest
Whoa…Seriously? The theological implications are truly mind boggling!
Could we call it “unsubstantiation?” The easterna nd western churches could then argue about the exact moment when the body and blood of the kids become a non-substance.
The real question is, what happens to all that money I paid for Catholic School tuition? Does that revert back to my bank account?
Sorry.
-Tim-
F
FAB
Guest
correct:thumbsup:
C
chevalier
Guest
As long as at least one of the parents attempted marriage in good faith the kids are considered legitimate.
J
jmjconder
Guest
Please read this entire post.When a Catholic couple obtain an annullment from the Church, how are the children’s status with the Church affected? i.e. if there was no true marriage…
Thanks,
Glennonite
Your children are NOT illegitimate. There are two things that happen in a marriage as seen by the Catholic Church…one is a legal marriage and one is a sacramental marriage. Even if the Sacramental marriage is deemed “null” meaning it never happened…it does not null the legal marriage. No matter what the children are considered legal even in a marriage that may be determined as null.
The true marriage part comes within the Catholic Churches four areas that need to be full and complete…(1) the spouses are free to marry; (2) they freely exchange their consent; (3) in consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to children; and (4) their consent is given in the presence of two witnesses and before a properly authorized Church minister.
Even if one of these conditions are not meant and the marriage is later nulled - the children are still legal since a legal marriage took place - even if a Sacramental one did not.
A huge misconception within the Christian church.
Blessings for seeking the answer.
J
joanofarc2008
Guest
While this has been incredibly humorous I hope the OP is not offended or put off by what was probably a serious question that may have taken a real gut check to write.
P
puzzleannie
Guest
the status of children is not affected in any way no matter what the canon law tribunal decides about the marriage of the parents.
uh, not
jm’s answer is also mostly inaccurate
anyone with further questions, search the liturgy and sacrament forums where most of the past annulment threads are, but keep this in mind: for any specific case the only accurate answer is going to be the one the individual gets from his own priest who assists him in determining if annulment is possible or necessary and how to proceed. Everything, but everything, said here is a generalization. Each marriage situation is unique.
the canon law tribunal cannot annul a valid marriage.
C
ConstantineTG
Guest
Actually before you can apply for an annulment, you have to break off the legal marriage, which means get a divorce or a legal annulment. So by the time you get a Church annulment, there would no longer be a legal marriage.
S
Seatuck
Guest
The children exist because God wills them to. That’s a pretty solid status right there. There is no effect on them from their parents decree of nullity. Legitimate and illegitimate are legal terms and really have no part in the sacramental aspect of the discussion. Although years ago when the church and the legal system were more solidly joined they did. Not so today.When a Catholic couple obtain an annullment from the Church, how are the children’s status with the Church affected? i.e. if there was no true marriage…
Thanks,
Glennonite
L
laszlo
Guest
The same as the status of those unfortunate children of Catholic parents who married only outside of the church. According to the civil Law legitimate. The annulment is recorded to the baptismal register of the parents, but not to the children’s register.
1
1ke
Guest
From Canon Law:
Can. 1137 The children conceived or born of a valid or putative marriage are legitimate
Can. 1061 §3. An invalid marriage is called putative if at least one party celebrated it in good faith, until both parties become certain of its nullity.
Can. 1137 The children conceived or born of a valid or putative marriage are legitimate
Can. 1061 §3. An invalid marriage is called putative if at least one party celebrated it in good faith, until both parties become certain of its nullity.
S
Seatuck
Guest
Oh thanks. I forgot the canon retained the word legitimate.
J
jmcrae
Guest
The legitimacy of the children, first of all, is a government issue; not a Church issue, and has to do with the legal right to inherit property from the father.When a Catholic couple obtain an annullment from the Church, how are the children’s status with the Church affected? i.e. if there was no true marriage…
Thanks,
Glennonite
Today, people can name anybody they want to in their will, even if they are completely unrelated, so it isn’t a relevant issue. A father can will property to any children of his, and even to people he isn’t related to, even if he has never been legally or sacramentally married to any of their mothers.
C
Chatter163
Guest
Not to mention that in this day and age, in many states a woman does not even need to identify the father on a birth certificate. 
1
1ke
Guest
It is inaccurate to say that legitimate versus illegitimate is a distinction only of civil law. Canon Law does have canons relevant to the status of children:
Can. 1137 The children conceived or born of a valid or putative marriage are legitimate.
Can. 1138 §1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary.
§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.
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 *current *code of canon law, illegitimate children are not prohibited from holding clerical offices, receiving Holy Orders, or entering religious life. This has not always been the case, and could change in the future.
Can. 1137 The children conceived or born of a valid or putative marriage are legitimate.
Can. 1138 §1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary.
§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.
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 *current *code of canon law, illegitimate children are not prohibited from holding clerical offices, receiving Holy Orders, or entering religious life. This has not always been the case, and could change in the future.
J
jmcrae
Guest
W
wonderofwonders
Guest
Ok, I get the catholic law… but what happens to the feelings and perceptions of those wonderful children who were concieved in love?
I am fearful that if my non catholic husband fills out the questionnaire to convince the catholic church that his marriage to his first wife should be annulled so she can be a catholic, then at least 2 of their children could feel that he does not think they are legitimate. He does not want to make his children feel any more pain from this terrible divorce that their mother wanted.
I know most people are concerned with the words and the legality, and the rightness in the eyes of the catholic church, but what abpout these kids??? Their parents are once again professing that their marriage was a failure. This can not be good for any child, especially the ones that are in their late teens, and do not want to be catholic. This makes me so sad.
I am fearful that if my non catholic husband fills out the questionnaire to convince the catholic church that his marriage to his first wife should be annulled so she can be a catholic, then at least 2 of their children could feel that he does not think they are legitimate. He does not want to make his children feel any more pain from this terrible divorce that their mother wanted.
I know most people are concerned with the words and the legality, and the rightness in the eyes of the catholic church, but what abpout these kids??? Their parents are once again professing that their marriage was a failure. This can not be good for any child, especially the ones that are in their late teens, and do not want to be catholic. This makes me so sad.
- Status