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Children In Cases Of Annulments


goldenchild17

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goldenchild17

Again, title asks all. Are children that are born between two people who have an annulment illegitimate children? If the marriage is being annulled then it's is to be considered never a marriage. If children are had within this time, wouldn't that make them illegitimate? If not, then is the annulled marriage ever considered a real marriage? And if it is, then how can it be annulled? Because, God doesn't want any marriage to be put asunder.

Hope this made sense. Help please.

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That is what I wondered as well. Becoz when its annulled, its deemed as if the marriage never happened. Was never valid, which would mean any kids are technically illegit.

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cmotherofpirl

No. Children born or a marriage that was later annulled are legitimate, since the presumption is that it is a legimate marriage until the Church decrees otherwise, which could be many years later.

My marriage was declared annulled after 20 years and three children, and my children are considered legitiimate.

Edited by cmotherofpirl
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I would like to point out that "legitimate" vs "illegitimate" is a civil, not ecclesial distinction. The distinction is mentioned in the Code of Canon Law only twice (I can't remember exactly where right now). Both times it is to declare people legitimate (in many countries, the Church declaring someone legitimate made them legally considered so).

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And we are adopted sons of God. "The charter of our adoption is properly recorded by St. Paul (Romans 8; Ephesians 1; Galatians 4); St. John (Prologue and I Epistle 1, 3); St. Peter (I Epistle 1); and St. James (I Epistle 1). According to these several passages we are begotten, born of God" (New Advent).

I am child whose parents are legitamently "re-married", and I am not a bastard. If anything I (along with my brother) might the only Good that came from the origianl marriage.

How ever, even if I was, through Baptism, I would be a legit heir to the Kingdom of God.

One of my best friends is a product of Rape, but He loves his mother, and she loves him, and it is this Love that sustained her many a time, and helped her heal. As well as the fact that she knew that God is his heavenly Father.

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[quote name='p0lar_bear' date='Sep 8 2004, 08:19 AM'] I would like to point out that "legitimate" vs "illegitimate" is a civil, not ecclesial distinction. The distinction is mentioned in the Code of Canon Law only twice (I can't remember exactly where right now). Both times it is to declare people legitimate (in many countries, the Church declaring someone legitimate made them legally considered so). [/quote]
Yes the Code of Canon Law is purposely silent on the issue, because it is a non-issue.

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goldenchild17

I'm not trying to be a jerk or anything by bringing up the possibility. I don't mean to be rude. I'm just trying to figure this out because it makes the practice of annulments a little confusing to me.

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[quote name='goldenchild17' date='Sep 8 2004, 02:52 PM'] I'm not trying to be a jerk or anything by bringing up the possibility. I don't mean to be rude. I'm just trying to figure this out because it makes the practice of annulments a little confusing to me. [/quote]
No need to apologize, it is a common question.

Did we answer it for you or do you need more?

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Yeah, no one said that you were being rude, if anything I was kind of pouncy about the whole thing.

I would also be able to answer any more questions about it.

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goldenchild17

[quote name='cmotherofpirl' date='Sep 8 2004, 07:50 AM'] Children born or a marriage that was later annulled are legitimate, since the presumption is that it is a legimate marriage until the Church decrees otherwise, which could be many years later. [/quote]
Okay, so then the marriage is considered a real marriage at one point, so the children are legit. So, then if this marriage was at one point legit, how can it be annulled?

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If a declaration of nullity (annulment) is granted, there was no valid marriage to begin with. What Cmom means (I think) is that they [i]thought[/i] they were married. The couple wasn't just living together, they believed they were married.

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goldenchild17

What I'm thinking though, is that their thinking it is legit doesn't make it so. If the marriage was legit, they shouldn't be able to have it annulled. And if it wasn't legit then how are the children legit? Is a marriage legit just because the two parties believe it so?

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I want to repeat that the Church [i]never[/i] declares any child illegitimate. Civil society does that.

You are right, the two thinking they are validly married does not make it so. However, until a declaration of nullity is granted a marriage has "the favor of the law," i.e. it is presumed to be valid until proven otherwise.

In the eyes of the Church, there are [i]no[/i] illegitimate children.

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goldenchild17

Gotcha. No illegitimate children. Still, the idea of a marriage being valid until proven otherwise is confusing. If it is valid, then how can it ever be proven otherwise? That is, if a marriage is forever...

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