Canon 871 (Baptizing aborted fetuses)

[ThomasToo]

The Code of Canon Law, canon 871, reads as follows:
Can. 871 Aborted foetuses, if they are alive, are to be baptised, in so far as this is possible.

I don’t want to debate the legality of abortion, or–honestly and truly–anything here but I’m curious how this is supposed to work. Priests in abortion clinics? Scandal, in the technical sense, to be sure. Anyone know anything about the logistics of the enactment of this particular canon?

 

[jilly4ski]

It does say “in so far as possible.”

Actually this did happen recently in Italy. I think? There was a thread about a baby being born alive and then left to die. Someone found the baby and a priest was able to baptize him before he died.

 

[DavidFilmer]

It does say “in so far as possible.”

My edition of “The Code of Canon Law” as commissioned by the Canon Law Society of America (edited by James Coriden *et al, *Paulist Press, 1985) translates this Canon thus:

If aborted fetuses are alive, they are to be baptized if this is possible.

Of course, Canon Law is officially rendered in Latin, and any work in English is merely a translation, but I would be curious to know what translation you are using which (apparently) completely omits the latter section of this Canon.

 

[thistle]

My edition of “The Code of Canon Law” as commissioned by the Canon Law Society of America (edited by James Coriden *et al, *Paulist Press, 1985) translates this Canon thus:

Of course, Canon Law is officially rendered in Latin, and any work in English is merely a translation, but I would be curious to know what translation you are using which (apparently) completely omits the latter section of this Canon.

1983 Code of Canon law:

Latin: Can. 871 - Fetus abortivi, si vivant, quatenus fieri potest, baptizentur.

English: Can. 871 - If aborted fetuses are alive, they are to be baptized insofar as possible.

 

[EricFilmer]

but I’m curious how this is supposed to work.

The Church does not need to envision exactly how such a situation may arise. Suffice to say that if it is within the realm of possibility that an aborted fetus is still alive, this person should be considered a child in danger of death, and therefore should be baptized if possible.

Priests in abortion clinics? Scandal, in the technical sense, to be sure. Anyone know anything about the logistics of the enactment of this particular canon?

Any person can be the minister of a valid Christian baptism so it does not require a priest. Of course, we can presume that abortionists and their staffs aren’t going to do this, seeing as they have decided that the fetus is not a child to begin with. There may be cases, however, of an abortion done in a house where someone (with of a pro-life mentality) happens to be present and, although is unable to prevent the abortion, is nevertheless in a position to baptize the fetus. But once again, the Church does not need to envision exactly how this situation may arise, nor outline the specifics of how this Canon is to be observed. It is enough to simply say “baptize the child”.

 

[dans0622]

The canon is meant to address what we would call miscarriages (spontaneous abortion).

But, yes, if it should happen that a child who is the subject of a procured abortion should survive the process, such a child should be baptized by someone.

Dan

 

[ThomasToo]

The canon is meant to address what we would call miscarriages (spontaneous abortion).

But, yes, if it should happen that a child who is the subject of a procured abortion should survive the process, such a child should be baptized by someone.

Dan

That makes a lot more sense. Thanks!