Scholion. On the Obligation of the Man Committing Stuprum and of the Woman Subjected to It with Respect to Offspring

I. The man committing stuprum and the woman subjected to it, unless a sufficiently grave impediment stands in the way, are held to legitimate the offspring by a subsequent marriage. If for a just cause they abstain from marriage, per se it should be advised that they legally acknowledge the offspring.

II. They are always held to feed and educate the offspring. Now, with regard to natural law:

1. If the young woman freely consented to the intercourse, each is held to bear expenses for his or her part, until the offspring can provide for itself.

2. If the young woman was violated by fraud, fear, or force, the man committing stuprum alone must bear the aforesaid expenses: from piety toward the offspring, from justice toward the young woman. Let it also be seen what civil law establishes.

Corollary. Parents can hand over an illegitimate child to be educated by a foundling hospital, provided that both a grave cause, for example infamy to be avoided, is present, and the foundling hospital is going to furnish a Catholic education. It is disputed whether parents who are not truly poor are held to restore the expenses to the institute. Moreover, it seems this must be affirmed if, as has place among us, the institutes were erected in favor of the poor; otherwise, if they were expressly erected in favor of abandoned offspring (St. Alphonsus, III, 656). Nevertheless, it should strongly be advised that something be assigned to the hospital.