J
Jareteh
Guest
Annulment of Holy Orders
Canon 290, 1 states, “A cleric … loses the clerical state: by a judicial decree, which declares the invalidity of sacramental ordination.”
From New Commentary of the Code of Canon Law: “The ordination can be declared invalid as a result of a judicial procedure… The current practice of the Holy See has been to discourage petitions of this kind, and therefore it has not admitted this as a practical possibility in recent years… Rather, the Holy See encourages … the petition for a return to the lay state and dispensation from celibacy.”
“The 1917 code was explicit in stating that an ordination coerced by grave fear was an invalid sacrament (CIC 214, 1), but this reference is not found in the 1983 code. The candidate must testify, in writing, that he receives orders freely (c. 1036). The other requirements for ordination, including the absence of impediments, are for the lawfulness of the sacrament, not validity.”
See Canons 1708-1712 for the process of declaring the nullity of sacred ordination.
Commentary on Canon 1708: “The validity of sacred ordination may be challenged for a variety of reasons. The ordination may be invalid because the cleric was not a baptized male, did not have the intention of receiving sacred orders…” and the list continues.
A resource for further research is the “Clergy Procedural Handbook” by Randolf R. Calvo published in 1992.
Canon 290, 1 states, “A cleric … loses the clerical state: by a judicial decree, which declares the invalidity of sacramental ordination.”
From New Commentary of the Code of Canon Law: “The ordination can be declared invalid as a result of a judicial procedure… The current practice of the Holy See has been to discourage petitions of this kind, and therefore it has not admitted this as a practical possibility in recent years… Rather, the Holy See encourages … the petition for a return to the lay state and dispensation from celibacy.”
“The 1917 code was explicit in stating that an ordination coerced by grave fear was an invalid sacrament (CIC 214, 1), but this reference is not found in the 1983 code. The candidate must testify, in writing, that he receives orders freely (c. 1036). The other requirements for ordination, including the absence of impediments, are for the lawfulness of the sacrament, not validity.”
See Canons 1708-1712 for the process of declaring the nullity of sacred ordination.
Commentary on Canon 1708: “The validity of sacred ordination may be challenged for a variety of reasons. The ordination may be invalid because the cleric was not a baptized male, did not have the intention of receiving sacred orders…” and the list continues.
A resource for further research is the “Clergy Procedural Handbook” by Randolf R. Calvo published in 1992.