Specific Canon Law on abortion?

[Keith_W_OR_USA]

I was married 25 years ago when my wife became pregnant. It turned out the fetus’ head did not fully form and an abortion was performed to terminate the pregnancy. Was this a legal abortion under Catholic Canon Law?

 

[Corki]

I was married 25 years ago when my wife became pregnant. It turned out the fetus’ head did not fully form and an abortion was performed to terminate the pregnancy. Was this a legal abortion under Catholic Canon Law?

There is no such thing as a “legal abortion” under Canon law.

This is the canon that references abortion.

Can. 1398 A person who procures a completed abortion incurs a latae sententiae excommunication.

Given the extreme stress you and your wife were undoubtedly under upon learning of your child’s condition, you may have reduced culpability. Bring this to Confession with a good priest.

 

[kbwall]

So, it was going to be a stillbirth?

If I’m understand this correctly, the baby was pretty much dead anyway.

 

[Keith_W_OR_USA]

There is no such thing as a “legal abortion” under Canon law.

This is the canon that references abortion.

Given the extreme stress you and your wife were undoubtedly under upon learning of your child’s condition, you may have reduced culpability. Bring this to Confession with a good priest.

Well I didn’t participate in the Abortion. Are you saying that there is no allowance for Abortion under Canon Law? I’m not a Canon lawyer so any help would be appreciated.

 

[Keith_W_OR_USA]

So, it was going to be a stillbirth?

If I’m understand this correctly, the baby was pretty much dead anyway.

Yes, The head of the fetus was not fully formed.

 

[Trishie]

He only said the baby was imperfectly formed, handicapped, not that the child would be stillborn or had died.

From the Catechism of the Catholic Church, official teaching of the Church, regarding the Fifth Commandment:

vatican.va/archive/ccc_css/archive/catechism/p3s2c2a5.htm

a couple of excerpts

Unfortunately for you, sadly, we don’t have the right to kill those unborn babies who are as yet unborn. I’m sure it was a distressing and emotional time…but these children also are valuable. I am sad for the trauma and distress you experienced, but had you and your wife been unable to raise your child, there are others who will in the circumstance. My sister has five natural children but adopted two handicapped children, one quite severely so, because the families couldn’t face rasing them, and one of my brothers who had thee natural children, adopted three handicapped childre, one very severe, and have raised them as valuable persons in a loving household.

You need to judge your past experience in light of your conscience at the time, but would beneficially speak with a priest, e.g. in Confession

Intentional homicide
2268 The fifth commandment forbids direct and intentional killing as gravely sinful. The murderer and those who cooperate voluntarily in murder commit a sin that cries out to heaven for vengeance.69
Infanticide,70 fratricide, parricide, and the murder of a spouse are especially grave crimes by reason of the natural bonds which they break. Concern for eugenics or public health cannot justify any murder, even if commanded by public authority.

Abortion
2270 Human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person - among which is the inviolable right of every innocent being to life.72

Before I formed you in the womb I knew you, and before you were born I consecrated you.73 My frame was not hidden from you, when I was being made in secret, intricately wrought in the depths of the earth.74
2271 Since the first century the Church has affirmed the moral evil of every procured abortion. This teaching has not changed and remains unchangeable. Direct abortion, that is to say, abortion willed either as an end or a means, is gravely contrary to the moral law:

You shall not kill the embryo by abortion and shall not cause the newborn to perish.75 God, the Lord of life, has entrusted to men the noble mission of safeguarding life, and men must carry it out in a manner worthy of themselves. Life must be protected with the utmost care from the moment of conception: abortion and infanticide are abominable crimes.76
2272 Formal cooperation in an abortion constitutes a grave offense. The Church attaches the canonical penalty of excommunication to this crime against human life. "A person who procures a completed abortion incurs excommunication latae sententiae,"77 "by the very commission of the offense,"78 and subject to the conditions provided by Canon Law.79 The Church does not thereby intend to restrict the scope of mercy. Rather, she makes clear the gravity of the crime committed, the irreparable harm done to the innocent who is put to death, as well as to the parents and the whole of society.
2273 The inalienable right to life of every innocent human individual is a constitutive element of a civil society and its legislation:
"The inalienable rights of the person must be recognized and respected by civil society and the political authority. These human rights depend neither on single individuals nor on parents; nor do they represent a concession made by society and the state; they belong to human nature and are inherent in the person by virtue of the creative act from which the person took his origin. Among such fundamental rights one should mention in this regard every human being’s right to life and physical integrity from the moment of conception until death."80
"The moment a positive law deprives a category of human beings of the protection which civil legislation ought to accord them, the state is denying the equality of all before the law. When the state does not place its power at the service of the rights of each citizen, and in particular of the more vulnerable, the very foundations of a state based on law are undermined. . . . As a consequence of the respect and protection which must be ensured for the unborn child from the moment of conception, the law must provide appropriate penal sanctions for every deliberate violation of the child’s rights."81

 

[Trishie]

You may particularly like to speak to your priest in Confession in light of Canon Law:

Canon 1398: “A person who procures a completed abortion incurs a latae sententiae excommunication.”

I realize that you were perhaps not fully aware that what you were doing was wrong and that your wife and you had a great deal of concern and emotion.

catholicplanet.com/articles/article78.htm

Obtaining an Abortion

Any Catholic who deliberately and knowingly obtains a procured abortion commits a mortal sin and is also automatically excommunicated, under canon 1398.

Under the laws of secular society, if one person commits a crime, then anyone who deliberately and knowingly provides essential or substantial means for that person to commit that crime is called an accessory to that crime and is also subject to the penalties of law. Similarly, any Catholic who deliberately and knowingly provides essential or substantial means for any woman to procure an abortion also commits a mortal sin and also incurs the same sentence of excommunication.

Any Catholic who substantially assists another in the deliberate sin of abortion is also guilty of serious sin and also incurs a latae sententiae excommunication.

 

[puzzleannie]

I was married 25 years ago when my wife became pregnant. It turned out the fetus’ head did not fully form and an abortion was performed to terminate the pregnancy. Was this a legal abortion under Catholic Canon Law?

you cannot have an opinion poll on canon law since it is a matter of fact that can be easily established by consulting the canon law book in effect at that time. No direct procured abortion has never been legal nor has it been moral.
Missing from you story are the details of the medical condition of the baby and of the mother that would determine whether the procedure was, in fact, a direct procured abortion. It is even likely that you were not given all the relevant information at that time and made your decision on the best medical and spiritual advice available to you then. This is really more of a medical question.

The very fact it is still such a concern makes it sound like it is weighing heavily on you and you desire peace. Why not simply take your story to confession and gain that peace. Whether or not you deliberately sinned in your decision, whether or not the stress of the situation absolves you from culpability if there was, in fact sin, the peace is for you in the sacraments. The joy of knowing that mercy is available is greater than the anguish over mourning your lost little one.

 

[Keith_W_OR_USA]

You may particularly like to speak to your priest in Confession in light of Canon Law:

Canon 1398: “A person who procures a completed abortion incurs a latae sententiae excommunication.”

I realize that you were perhaps not fully aware that what you were doing was wrong and that your wife and you had a great deal of concern and emotion.

catholicplanet.com/articles/article78.htm

Obtaining an Abortion

Any Catholic who deliberately and knowingly obtains a procured abortion commits a mortal sin and is also automatically excommunicated, under canon 1398.

Under the laws of secular society, if one person commits a crime, then anyone who deliberately and knowingly provides essential or substantial means for that person to commit that crime is called an accessory to that crime and is also subject to the penalties of law. Similarly, any Catholic who deliberately and knowingly provides essential or substantial means for any woman to procure an abortion also commits a mortal sin and also incurs the same sentence of excommunication.

Any Catholic who substantially assists another in the deliberate sin of abortion is also guilty of serious sin and also incurs a latae sententiae excommunication.

No, The fetus was going to be still born. It was solely my then wife’s decsion to have an abortion. I had no say in the decision.

 

[Trishie]

We have to give the child the chance to live. If the child dies due to handicap, then we trust regarding that, but we can’t interfere with the child’s right to life. Each child is a human being with a soul given by God, and perhaps those children have more to give our spirit and journey in God than we can realize in our distress at finding our child is limited or handicapped.*

I haven’t time now but I do have a vidoe of a man born without arms and legs, and he’s the most cheerful and inspirational man, who tours and give inspirational appearances.

Two of the handicapped children, that my siblings adopted, by the way, had appalling handicaps and prognoses, however with love and care, each has greatly exceeded the doctors’ prognoses, and the appearance of things. The children have a different potential, but love and care has helped them to achieve that. They are unlikely to have long life-spans, unlike the other handicapped children my siblings adopted, but even though the parents couldn’t handle raising them, they did find loving homes and families.*

 

[Trishie]

I am so sorry for the sadness that you and your wife went through.

 

[nodito]

No, The fetus was going to be still born. It was solely my then wife’s decsion to have an abortion. I had no say in the decision.

If the baby was already dead, then your wife would have been permitted to have it removed. The procedure used to remove a dead fetus is similar to the one used during an abortion. However, if the fetus was not dead, if the baby was just severely malformed, then it was gravely wrong to kill it, even if you suspected that it would not have lived very much longer in utero or once born.

It is never moral to abort a living human being.

 

[Keith_W_OR_USA]

We have to give the child the chance to live. If the child dies due to handicap, then we trust regarding that, but we can’t interfere with the child’s right to life. Each child is a human being with a soul given by God, and perhaps those children have more to give our spirit and journey in God than we can realize in our distress at finding our child is limited or handicapped.*

I haven’t time now but I do have a vidoe of a man born without arms and legs, and he’s the most cheerful and inspirational man, who tours and give inspirational appearances.

Two of the handicapped children, that my siblings adopted, by the way, had appalling handicaps and prognoses, however with love and care, each has greatly exceeded the doctors’ prognoses, and the appearance of things. The children have a different potential, but love and care has helped them to achieve that. They are unlikely to have long life-spans, unlike the other handicapped children my siblings adopted, but even though the parents couldn’t handle raising them, they did find loving homes and families.*

Well there was no chance that the fetus would live. It’s head and brain did not form properly and it would be still born. If the child would have had a missing arm or leg my wife would of carried it to term. The decsion was solely my wife’s, since it is solely the pregnant’s woman decsion to have the abortion and the father has no say if a child is carried to term or not.

 

[Corki]

Well there was no chance that the fetus would live. It’s head and brain did not form properly and it would be still born. If the child would have had a missing arm or leg my wife would of carried it to term. The decsion was solely my wife’s, since it is solely the pregnant’s woman decsion to have the abortion and the father has no say if a child is carried to term or not.

This is the best answer to what you have described.

If the baby was already dead, then your wife would have been permitted to have it removed. The procedure used to remove a dead fetus is similar to the one used during an abortion. However, if the fetus was not dead, if the baby was just severely malformed, then it was gravely wrong to kill it, even if you suspected that it would not have lived very much longer in utero or once born.

It is never moral to abort a living human being.

Well I didn’t participate in the Abortion. Are you saying that there is no allowance for Abortion under Canon Law? I’m not a Canon lawyer so any help would be appreciated.

There is not any circumstances where Church teaching allows the direct killing of an unborn child. This isn’t really a canon law issue. It’s more a moral teaching. Canon law, with respect to abortion, deals primarily with the consequenses

If you had nothing to do with the abortion, then there is no fault on your part. You can only do so much to convince someone, even a spouse.

I am sorry this happened to you. But why is this on your heart now, 25 years later? If you feel somehow responsible, you can seek the healing of Confession. You can urge your wife to do the same. There are also many resources for those trying to deal with the aftermath of abortion such as Rachel’s Vineyard. There is a group here on CAF too, I believe.

 

[Keith_W_OR_USA]

I went and dug up the paperwork on this incident and what my now ex-wife had was an induced labor and the fetus was not viable. All these years I thought it was an abortion, but the doctor simply induced labor to expel the fetus. So never mind, it always bugged becuase I thought she had an abortion, but the doctor simply induced labor.

 

[Keith_W_OR_USA]

But why is this on your heart now, 25 years later?

The reason I brought it up here is because I’m thinking about attending Mass again and wanted to know where I stand in Canon law.

 

[Corki]

The reason I brought it up here is because I’m thinking about attending Mass again and wanted to know where I stand in Canon law.

If you haven’t been to Mass in a while, you probably haven’t been to Confession in a while either, right? Just bring it up in Confession. If you didn’t cooperate then the fault is not yours but the priest can give you good advice to move on from this.

Welcome back!

 

[roads152]

Polls results can never alter morality nor the prescriptions of the Divine Law.
Other people’s opinion may relieve you of some social burden but the salvation of the soul is paramount. No one argues before the Divine Judge in the manner of a defense lawyer presenting mitigating circumstances in human courts.
Let us always be mindful of the sacrament of Reconciliation. No other church offers that sacrament. The priest in the confessional will surely be of help.
We present ourselves before another human being, the priest confessor, so that our sin may be examined and scrutinized using human reasoning and then judged with mercy and compassion.

 

[nodito]

I went and dug up the paperwork on this incident and what my now ex-wife had was an induced labor and the fetus was not viable. All these years I thought it was an abortion, but the doctor simply induced labor to expel the fetus. So never mind, it always bugged becuase I thought she had an abortion, but the doctor simply induced labor.

Inducing a pre-viable fetus is abortion, if the fetus was alive when the induction took place. Inducing birth before the fetus is fully developed is gravely wrong. If the fetus will never be fully developed, but is still living, then it was wrong to induce birth. Only if the fetus were already dead would inducing it have been moral.

 

[Keith_W_OR_USA]

Inducing a pre-viable fetus is abortion, if the fetus was alive when the induction took place. Inducing birth before the fetus is fully developed is gravely wrong. If the fetus will never be fully developed, but is still living, then it was wrong to induce birth. Only if the fetus were already dead would inducing it have been moral.

Well I don’t know what the exact status of the Fetus was. It all happened in 12 hours at a hospital 100 miles away from where I was stationed at in the Army. I finally arrived at the hospital after the induced birth of the baby since I had my duties to attend to and my step child had to have arrangements for someone to take care of him. The baby was given last rites by a Chaplin. My wife never wanted to talk about what happened so I never pressed her on it. But I can gaurantee if the baby was viable should have had the baby and carried it around if she had to.
Like I said, saying that she had an abortion or termination of the fetus was the wrong word. My Bad, But I will talk with a priest about it to see what he thinks.