Morals of the Church
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Article — Wouters, Manual of Moral Theology

Article XII. Spiritual Relationship

801.

I. Notion. Spiritual relationship is a certain relationship which comes from the ministration and reception of Baptism and Confirmation. Namely, since a human being is spiritually begotten in Baptism and spiritually perfected in Confirmation, therefore spiritual paternity is contracted by those who concur in these sacraments, i.e., by the minister of Baptism and by the sponsors in each sacrament, with respect to the baptized or confirmed person (canons 768, 769, 797).

II. Existence and scope of the impediment. Only spiritual relationship from Baptism diriments marriage, and indeed: 1° between the one baptizing and the baptized person; 2° between the sponsor of baptism and the baptized person (canon 1079). One who performs the office of sponsor through a procurator contracts the impediment himself alone, not the procurator. Therefore the impediment does not exist between the one baptizing and the sponsors, nor between the sponsors among themselves. Moreover, it is in force by ecclesiastical law alone.1

III. The required conditions are:

  1. On the part of baptism it is required that it be truly and validly conferred. Therefore it does not arise from ceremonies supplied later (canon 762, § 2), nor from Baptism invalidly conferred.

Question 1. Whether the impediment arises from private baptism.

Response. With regard to the one baptizing, all affirm. But there is dispute, or at least there was dispute, with regard to sponsors. Yet it seems that it must likewise be affirmed entirely. For: 1° the law does not distinguish between private and solemn baptism (canon 768). 2° The cited canon has these words: "From baptism only the baptizer and the sponsor contract spiritual relationship with the baptized person." But the words "from baptism," with respect to the baptizer, must be understood of both solemn and private baptism; therefore the same must be said with respect to the sponsor. 3° Canon 762, § 2 says thus: "Even in private baptism a sponsor, if he can easily be had, is to be employed; if he was not present, he is to be employed when the ceremonies of baptism are supplied, but in this case he contracts no spiritual relationship." Therefore, in the prior case, i.e., if the sponsor was present at private baptism, he contracts spiritual relationship. 4° Spiritual regeneration, which is the foundation of the impediment, also arises from private Baptism. The responses of the Sacred Congregation of the Council also concur.2

Question 2. Whether the impediment arises from baptism conferred doubtfully or doubtfully validly.

Response. With regard to the sponsor, it must be denied, unless, when baptism is repeated under condition, the same sponsor was employed in each baptism. Outside this case neither the sponsor who was present at the former baptism, nor the one who was present at the later, contracts spiritual relationship (canon 763, § 2); and this holds even if afterward the nullity of one baptism and the validity of the other are established. The same, by analogy, seems to be said of the one baptizing, although the cited canon speaks only of the sponsor.

  1. On the part of the one baptizing it is required that he himself be baptized; otherwise the ecclesiastical impediment does not affect him, nor does it seem to affect the other party. For since spiritual relationship is situated in a mutual relation, it seems to affect either each party or neither. Nor does the impediment arise if someone not yet baptized conferred Baptism on someone and afterward himself receives Baptism (n. 757).

  2. On the part of the sponsors there are required those things which are necessary for the validity of sponsorship according to what was explained in n. 84.

IV. Multiplication of the impediment can arise only from the fact that someone both baptizes the same person and receives him as sponsor through a procurator.

V. Dispensation of the impediment. It suffices to note that the impediment of spiritual relationship is numbered among impediments of lesser degree (canon 1042).

Note. Spiritual relationship contracted before Pentecost of the year 1918 beyond the limits now defined by the new Code in canon 768 does not cease ipso facto from the aforesaid day of Pentecost with regard to all effects, but only ceases to be an impediment to marriage3 (cf. n. 86).

1 Before the Code of Canon Law, the impediment was in force: 1° between the one baptizing or confirming and the baptized or confirmed person and the latter's parents; 2° between the sponsor of Baptism or Confirmation and the baptized or confirmed person and the latter's parents.

2 April 17, 1603; May 28, 1677; March 5, 1678. The Council of Trent indeed speaks of those who receive from the sacred font; by this it seemed to some that only solemn Baptism was signified. But nothing prevents Baptism as such from being understood by that word, especially because the Council in the preceding words had spoken of those who receive from Baptism. But if you deny this, I would say that the adversaries insisted too much on the letter of the law, against the mind of the legislator, sufficiently clear from the arguments already adduced before the Code of Canon Law.

3 Pontifical Commission, June 2-3, 1918 (A.A.S. 1918).

Spiritual Relationship