Case XLVIII: Baptism of Illegitimate Children

Applied correction from Woywod's opening insert: Case XLVIII.—The New Code declares in Canon 765 that the father or mother cannot be sponsors at baptism which means that even though they attempted to act as sponsors they would not be recognized as such nor contract any spiritual relationship.

Antonia, unmarried, has had several children and another one is just born to her. Respectable persons in her neighborhood abhor her dissolute life, and only with great difficulty could sponsors be found for previous children. On that account she bids the father of the new born child: “We shall not bother about sponsors, for you may go along as such.” This the father did and he became sponsor. Subsequently this couple married, in another church; no one had any suspicion of spiritual relationship. A few weeks after the marriage the pair appear before the priest who baptized the last child to have it legitimized.

A glance at the baptismal register informs the priest of the whole situation; he inquires about the spiritual relationship and finds that no dispensation has been obtained; the marriage, therefore, is null and void. The convalidation of the marriage was not difficult, and took place in accordance with the rules; nothing further need be said about it here. The case is submitted only to suggest caution in baptizing illegitimate children, and to inquire whether some precautions should not be employed in Baptisms of this kind, in order to prevent such contingencies; also whether, by omission of some ceremonies, such parents at the Baptism of their children should be impressed with the Church’s detestation of their sin.

The ecclesiastical law does not prescribe precautionary measures nor omission of ceremonies. The Church gives the priest a free hand in these matters. But I am of opinion it would not be against the spirit of Canon Law, which imposes irregularity on the illegitimate birth, if the priest, with due prudence, determines upon some disciplinary measures within lawful bounds. The moral sentiment of the community would certainly thereby be benefited.

In many localities only a woman may become sponsor at the Baptism of illegitimate children. This would exclude the occurrence of a case like ours. This usage is not contrary to the Tridentine, which is satisfied with one sponsor. In some parishes illegitimate children—urgent cases excepted—must be brought in the evening for Baptism. In cities and manufacturing centers it may be difficult to carry out such measures, but in country parishes they can be carried out, and have frequently been carried out—as priests have told me—with good success.

Alois Pachinger, D.D.