Quote:
Originally Posted by mardukm
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This is not a ritual Church transfer situation. Since the parent's or guardian's Catholic ritual Church establishes an infants enrollment at the time of baptism.
According to canon law those
first baptized Latin Catholic (per Church of Catholic parent or guardian) remains
that unless meeting one of the conditions in CIC canon 112 to transfer, for Latin Catholics.
CIC Can. 111 §1 Through the reception of baptism a child becomes a member of the Latin Church if the parents belong to that Church or, should one of them not belong to it, if they have both by common consent chosen that the child be baptized in the Latin Church: if that common consent is lacking, the child becomes a member of the ritual Church to which the father belongs.
§2 Any candidate for baptism who has completed the fourteenth year of age may freely choose to be baptized either in the Latin Church or in another autonomous ritual Church; in which case the person belongs to the Church which he or she has chosen.
CIC Can. 112 §1 After the reception of baptism, the following become members of another autonomous ritual Church:
1° those who have obtained permission from the Apostolic See;
2° a spouse who, on entering marriage or during its course, has declared that he or she is transferring to the autonomous ritual
Church of the other spouse; on the dissolution of the marriage, however, that person may freely return to the latin Church;
3° the children of those mentioned in nn. 1 and 2 who have not completed their fourteenth year, and likewise in a mixed marriage the children of a catholic party who has lawfully transferred to another ritual Church; on completion of their fourteenth year, however, they may return to the latin Church.
§2 The practice, however long standing, of receiving the sacraments according to the rite of an autonomous ritual Church, does not bring with it membership of that Church.
Canon 112 (NCCCL, Beal, Coriden, Green)
"... because ascription to a ritual church is definitive, it belongs to the status of persons."
"In effect, the canon distinguishes membership from liturgical practice. This means that change of ritual church membership occurs in one of the three ways provided for in paragraph one."
For eastern Catholics:
CCEO Canon 29
1. By virtue of baptism, a child who has not yet completed his fourteenth year of age is enrolled in the Church sui iuris of the Catholic father; or the Church sui iuris of the mother if only the mother is Catholic or if both parents by agreement freely request it, with due regard for particular law established by the Apostolic See.
2. If the child who has not yet completed his fourteenth year is:
(1) born of an unwed mother, he is enrolled in the Church sui iuris to which the mother belongs;
(2) born of unknown parents, he is to be enrolled in the Church sui iuris of those in whose care he has been legitimately committed are enrolled; if it is a case of an adoptive father and mother, 1 should be applied;
(3) born of non-baptized parents, the child is to be a member of the Church sui iuris of the one who is responsible for his education in the Catholic faith.
CCEO Canon 32
1. No one can validly transfer to another Church sui iuris without the consent of the Apostolic See.
2. In the case of Christian faithful of an eparchy of a certain Church sui iuris who petition to transfer to another Church sui iuris which has its own eparchy in the same territory, this consent of the Apostolic See is presumed, provided that the eparchial bishops of both eparchies consent to the transfer in writing.
CCEO Canon 33
A wife is at liberty to transfer to the Church of the husband at the celebration of or during the marriage; when the marriage has ended, she can freely return to the original Church sui iuris.
Transfer correspondences from
Comparative Sacramental Discipline in the CCEO and CIC, Canon Law Society of America, pp. 255-258):
Eastern:
Orthodox Church of America -> Ruthenian or Ukrainian or Russian Catholic
American Carpatho-Rusyn Orthodox -> Ruthenian or Slovak Catholic
Serbian Orthodox -> Krizevci Catholic
Macedonian Orthodox -> Macedonian Catholic
Greek Speaking Eastern Orthodox -> Hellenic Greek Catholic
Arabic Speaking Eastern Orthodox -> Melkite Greek Catholic
Romanian Orthodox -> Romanian Catholic
Russian Orthodox -> Russian Catholic
Belarussian Orthodox -> Belarussian Catholic
Ukrainian Orthodox -> Ukrainian Catholic
Bulgarian Orthodox -> Bulganian Catholic
Hungarian Orthodox -> Hungarian Catholic
Albanian Orthodox -> Albanian Catholic
Oriental:
Armenian Orthodox--> Armenian Catholic
Coptic Orthodox -> Coptic Catholic
Ethiopian Orthodox -> Ethiopian Catholic
Syrian Orthodox -> Syrian Catholic
Indian Orthodox -> Syro-Malankara Catholic
Mar Thoma Syrian -> Syro-Malankara Catholic
Orthodox Syrian (Jacobite) -> Syro-Malankara Catholic
Malabar Independent Syrian Church (Thozhiyoor) --> Syro-Malankara Catholic
Church of South India, St. Thomas -> Syro-Malankara Catholic
Assyrian:
Assyrian Orthodox --> Chaldean Catholic
Syrian Malabarese -> Syro-Malabar Catholic
Syro-Chaldean -> Syro-Malabar Catholic
Latin:
Church of South India, not St. Thomas -> Latin Catholic
Anglican, Lutheran, Reformed, Anabaptist, and their derivatives. -> Latin Catholic