Intercourse with a Pregnant Woman

To n. 1074.

This intercourse could seem illicit, because, since the uterus is closed during the time of pregnancy, commingling of the male seed with the ovule of the woman cannot be had. Consequently marriage cannot be consummated by that intercourse, since generation is altogether impossible.

But intercourse of this kind is in fact licit, because pregnancy does not render the woman impotent for generation. It is only a merely extrinsic particular accident, which at present can only impede the effect of intercourse. But intercourse remains in itself altogether suitable for generation both on the part of the man and on the part of the woman, and is truly consummative of marriage. And it is so true that true commingling of seeds is not of itself lacking in that intercourse, nor consequently is aptitude for generation lacking in it, even for actually having offspring, that superfetation is not impossible. Moreover, true commingling of seeds is of itself present in that intercourse, insofar as commingling of seeds is inchoatively present in that intercourse; for in it there is the true concurrence of the seed of each, although this does not reach its terminus and effect because of the accidental impediment of pregnancy. By marital intercourse spouses become one flesh, not actually in the offspring or in the effective generation itself of offspring, but potentially in relation to offspring, in one proximate principle of offspring, which is that inchoative commingling of seeds and concurrence of the seed of each; and this seed, in various ways according to various circumstances, can be impeded in its active and passive fecundation. Appositely Perez, De Matrimonio, disp. 31, sect. 1, n. 2: "To become one flesh is to become a principle of itself sufficient for one flesh and offspring." And Cajetan, Ientac. 9, q. 1, says that spouses are two in one flesh, "that is, in one perfect and just principle of carnal generation."