I was married in a Catholic wedding to another Catholic in May 1997. We did not attend church regularly and divorced in Dec. 1999. I initiated the divorce.

I remarried in June 2001, to a Protestant women, who was previously divorced. She was married for only 7 mos. when her marriage fell apart.

We are now expecting our first baby. My questions are:

1. Can I have the baby baptised Catholic? 2. Do I have to go through the annullment process to accomplish this? 3. Would she also have to have her first marriage annulled to have our baby baptised Catholic?

Please help with some straight advice.

Thank you,

Brian

-- Brian Anderson (banderson@clientsoft.com), November 12, 2002

Answers

Response to Question about Divorce/Anullment/Remarriage/Baptism!

Jmj

Hello, Brian. I hope that you will consider this "straight advice." I will put your words in quotation marks, followed by my comments in brackets.

"I was married in a Catholic wedding to another Catholic in May 1997. We did not attend church regularly and divorced in Dec. 1999. I initiated the divorce."
[I am going to assume that you married in a standard Catholic church ceremony.]

"I remarried in June 2001, to a Protestant women, who was previously divorced. She was married for only 7 mos. when her marriage fell apart."
[I can see, from your later words, that you did not first receive a Declaration of Nullity concerning your first "marriage." I am going to assume that you never formally declared that you had left the Catholic Church.]

"We are now expecting our first baby. ... Can I have the baby baptised Catholic?"
[The bulk of the Church's disciplinary rules (called the Code of Canon Law) explains what is required, as follows:
"Canon 868 §1 -- For an infant to be baptized lawfully it is required:
"1° that the parents, or at least one of them, or the person who lawfully holds their place, give their consent;

"2° that there be a well­founded hope that the child will be brought up in the Catholic religion. If such hope is truly lacking, the baptism is, in accordance with the provisions of particular law, to be deferred and the parents advised of the reason for this."]

[I am going to assume that you are a member of your local parish, even though you cannot receive the sacraments yourself. If you are not a member (and unwilling to become one), there is no chance that a Catholic priest would be willing to baptize the baby. If you are a parish member, Brian, your pastor will probably judge that there is a "well-founded hope" that you will raise the baby as a Catholic.]

"Do I have to go through the annullment process to accomplish this?"
[It may not be strictly necessary -- I can't predict what your priest will say] -- but I cannot see why you would not want to go through the process. After all, it may lead to your marriage being blessed. Then, you will be able to receive the sacraments (Penance and Holy Eucharist) with your children -- right? You also have to answer this tough question: "Do I want to give my children the bad example of living in an objective state of adultery?"]

"Would she [my "second wife"] also have to have her first marriage annulled to have our baby baptised Catholic?"
[Actually, the answer is the same as I just gave to the previous question. Only if two Decrees of Nullity are issued will both of you be free to have your union recognized and blessed. Right now, you are in an "irregular" arrangement, which is (objectively speaking) not a valid marriage.]

God bless you.
John

-- J. F. Gecik (jfgecik@hotmail.com), November 13, 2002.