Article I. Impotence

IMPOTENCE is the incapacity to have carnal intercourse such as is required for the procreation of children. It is absolute if the incapacity extends to all persons of the other sex, otherwise it is relative. Temporary impotence exists only for a time, and may be cured by lapse of time or by some lawful operation which does not endanger life; perpetual impotence lasts for life. It is antecedent if it precedes marriage, otherwise it is subsequent.

Antecedent and perpetual impotence annuls marriage by the law of nature, for the matter of the marriage contract is in that case impossible. This is true whether the impotence be absolute or only relative, but in the former case marriage is out of the question, while in the latter a valid marriage may be contracted with someone else, though it is impossible with a person with respect to whom the party is impotent. Subsequent impotence, which has supervened on marriage, cannot, of course, annul the marriage already contracted, but if it is altogether certain it makes the use of marriage unlawful (Can. 1068).

This, however, is not to be lightly presumed, for the right is in possession, and for its lawful exercise it suffices if there be any probability of its not being impossible.

Neither does antecedent but temporary impotence annul marriage, for a contract is valid if the matter is possible or by using ordinary means can be made possible.

When it is doubtful whether a spouse is impotent or not the decision must be in favour of the validity of the marriage, and since all such questions belong to the forum externum, they fall under the cognizance of the bishop, nor can they be settled by the confessor.

Mere barrenness or sterility is not impotence, nor does it make marriage impossible or unlawful. There is a controversy among experts as to whether removal of the ovaries or of the womb or of both organs makes a woman impotent or only sterile. The decisions which have been given by the Roman Congregations in particular cases are quoted in defence of both opinions, and as yet no general solution of the question has been given. Until this happens, a woman who has undergone such operations should not marry without consulting the bishop, but if she is already married the more favourable opinion should be followed. This impediment is recognized by English law.