Section — Wouters, Manual of Moral Theology
Section V. On Infants of Non-Catholics
An infant of non-Catholics, that is, of unbelievers, heretics, schismatics, and Catholics who have fallen into apostasy or heresy or schism, is licitly baptized:
I. When he is in such danger of life that it is prudently foreseen that he will die before he reaches the use of reason (canon 750, § 1), or when "it is very prudently doubted that, from the infirmity by which they are actually affected, they will not live, but will die before the age of discretion."1
Therefore a probability founded on this, that in some place, for example, half of infants die before the use of reason, does not suffice; nor a probability arising from this, that in some region a contagious disease is raging and there is grave danger that the disease may be transferred to infants.2 If it is doubted whether an infant who is in danger of death has reached the use of reason, "let the missionaries try to instruct them in the better way in which it can be done; otherwise let them be baptized conditionally."3
II. When the infant appears perpetually insane;4 in this case there can be no discussion of education properly so called (St. Alphonsus, VI, 130).
III. Outside the case of danger of death or insanity, the infant is licitly baptized, provided that his Catholic education is safeguarded: 1. if the parents or tutors, or at least one of them, consents; 2. if the parents, that is, father, mother, grandfather, grandmother, or tutors, are lacking, or have lost their right over him, or can in no way exercise it (canon 750, § 2). It is said:
Provided that his Catholic education is safeguarded. Now, considering the responses of the competent Authority,5 it suffices that, all things considered, the Catholic education be in some way safeguarded, or that, all things having been seen, a noteworthy hope of Catholic education shines forth. Here, however, note that this kind of hope is more easily present in the case in which either parent is Catholic and the Catholic party consents, than in the case in which each parent is non-Catholic.
If the parents... consent; and so even the consent of the mother alone or of a female tutor suffices. And this holds even if it is foreseen that the other parent will afterward see to it that the infant is baptized by a heretical minister.6 Now the said consent is required per se if it is a question of an infant of unbelievers. This is clear from the Instruction of Benedict XIV Postremo mense;7 the same is taught by the Sacred Congregation de Propaganda Fide.8 But the reason seems to be that the Church, by conferring Baptism on the offspring of parents over whom she has no right, places that offspring in such a condition that it can and per se must be separated from the parents. But this seems to involve a violation of right (St. Thomas, II-II, q. 10, a. 12; St. Alphonsus, VI, 132). If the discussion concerns an infant of baptized non-Catholics, consent is not required per se, because the Church has a right over them as her subjects. It is, however, commonly required per accidens, because if it is lacking, hope of Catholic education will commonly be absent. Hence canon 751 declares that, with respect to infants of two heretics or schismatics, or of two Catholics who have fallen into apostasy or heresy or schism, generally the norms established by canon 750 are to be observed.
If the parents... have lost their right over him, or can in no way exercise it. The case would occur if the infant had been entrusted to a Catholic, or had been abandoned and received in a Catholic hospital or by a Catholic.9 But if the parents have entrusted the infant to a Catholic to be educated, per se he ought not afterward be returned to them, even if they ask for him back and the infant has not yet been baptized; since the prior offering and acceptance ought not afterward be rescinded to the prejudice of the eternal salvation of the one offered (St. Alphonsus, VII, 130).
Finally, it is permitted to baptize infants offered by unbelievers if the missionary has a well-founded motive for believing that their parents too will in the future seek Baptism.10
1 Holy Office, 18 July 1894 (Collectanea, n. 1877); Sacred Congregation de Propaganda Fide, 15 February 1781.
2 Instruction of the Sacred Congregation de Propaganda Fide, 17 April 1777, reply to VIII (Collectanea, n. 522).
3 Instruction of the Sacred Congregation de Propaganda Fide, 17 April 1777, reply to VIII (Collectanea, n. 522).
4 Holy Office, 18 July 1892.
5 Instruction of the Sacred Congregation de Propaganda Fide, 17 April 1777 (Collectanea, n. 522).
6 Cf. Holy Office, 12 October 1600; 29 November 1672, reply to I (Collectanea, n. 205); Instruction of the Holy Office, 1827; Holy Office, 6 July 1898, reply to IV (Collectanea, n. 2007).
7 28 February 1747.
8 Holy Office, 29 November 1672, reply to I (Collectanea, n. 205).
9 The cited Instruction of Benedict XIV.
10 Holy Office, 11 December 1850, reply to IV (Collectanea, n. 1054).
Corollary I. An infant of non-Catholic parents, whether legitimately or illegitimately baptized, per se must be withdrawn from the care of the parents so that he may be educated Catholicly. But in practice the Church will not be able to use her right (St. Alphonsus, VI, 127, 128).
Corollary II. The fact that parents baptized Catholic live so non-Catholicly that there is little hope of Christian education is not a reason for refusing Baptism.1 The same must be said of infants of Catholics who have given their name to socialism.
Corollary III. If a Catholic mother desires that the infant be baptized Catholicly, but the non-Catholic father wishes him to be baptized after some time by a heretical minister, proceed in this way: If the offspring will soon be baptized by a heretical minister, it is better to wait and afterward baptize the offspring conditionally. If one must wait longer, it is better to baptize the infant Catholicly at once. In the case, per se indeed, the heretical spouse is to be warned about the Baptism conferred; but if grave inconvenience stands in the way of warning, a second Baptism can be permitted. Besides, prudence will sometimes suggest that the Baptism be conferred by someone other than the pastor himself; let a Catholic and trustworthy person be chosen.
1 Sacred Congregation de Propaganda Fide, 31 January 1796 (Collectanea, n. 625).