Article — Merkelbach, Pastoral Questions

Article XII: Spiritual Kinship

¶6347.

It is the propinquity of persons arising from the reception of baptism or confirmation.

168.
    • II. Scope of the impediment.
¶6349.

a) In the new law only spiritual kinship arising from baptism received constitutes an impediment of matrimony.

¶6350.

b) That impediment is present between the baptizer and the baptized, and between the sponsor and the baptized. (Can. 1079 - Can. 768.)

169.
    • III. Conditions required for producing the impediment.
¶6352.

a) On the part of baptism: it must be valid. But even from private baptism the impediment is begotten, since the law does not distinguish.

¶6353.

b) on the part of the minister: he himself must be baptized.

¶6354.

c) on the part of the sponsor (or sponsress): it is required that he or she fulfill all the conditions which can. 765 requires for undertaking that office validly.

170.
    • IV. By what law that impediment exists.
¶6356.

a) It is of merely ecclesiastical law.

¶6357.

b) Consequently it is contracted only by the baptized.

171.
    • V. Multiplication of the impediment.
¶6359.

It is never multiplied, unless the minister is at the same time, through himself or through a procurator, the sponsor.

172.
    • VI. Dispensation.
¶6361.

It is the only means of removing that impediment, which is of the lesser grade. (Can. 1042.)1

1 Cfr. above n. 97.

173.
    • VII. Law before the Code.
¶6363.

a) Not only baptism but also confirmation generated a diriment impediment.

¶6364.

b) The impediment was in force:

¶6365.
  1. Between the minister and the subject of the sacrament.
¶6366.
  1. Between the sponsor (or sponsress) and the subject.
¶6367.
  1. Between the sponsor (or sponsress) and the parents of the subject.
¶6368.
  1. Between the minister and the parents of the subject.