In my “Stump the Deacon” column in the Jan. 1 issue of The Catholic Commentator entitled “Children and divorce/Emotional God,” I stated that some children born of certain marriages are considered illegitimate. I would like to modify my statement since it undermines the good work that the Diocesan Tribunal of Baton Rouge has done for many years in bringing healing to persons struggling with divorce and who are engaged in the annulment process. I would not want my comments to hurt these men and women further.
Based on conversations with some of our local canonists, Ecclesiastical annulments have no civil effects in the United States or really in any western country. While the legitimacy of children is mentioned in the 1983 Code of Canon Law, all canonical consequences were removed from the code so that it is irrelevant to the church. While it may be a question of civil law, canon law clearly leaves that entirely to secular government alone. Rather, the church's law is pretty clear: "Children conceived or born of (that is, from) a valid or putative marriage are legitimate." It further defines a "putative marriage" as "if it has been celebrated in good faith by at least one of the parties." In reality, that always happens, even in marriages that lack canonical form. These types of marriage are surely "putative" since the spouses think they are married even if, in the eyes of the church, they are not.
Unfortunately, the statement in my column may have furthered an often used accusation of illegitimacy that angry people often use to hurt former spouses and their children. I apologize if this confused anyone any further or undermined the good work that has been done by our Tribunal in providing healing in the midst of brokenness.