[quote="Ocarm, post:12, topic:198652"]
Choy is correct; in fact a non-baptised person can baptise in a grave situation so long as they possess the right intent. See CCC 1256:
This is possible because the effects of baptism are not communicated by the person who baptises, but are a direct action of the Holy Spirit occurring through the valid and licit administration of the sacrament.
The CCC is quite clear and I stand corrected. On the other hand, Canon Law is not quite as plain and simple as the CCC. In section 2, the last sentence leads one to believe this instruction is for the baptized, i.e. Christian faithful, then it would a non Christian, or non baptized Christian. My studies have been much more thorough on canon law than the catechism as of late. The last 3 semesters have included canon law, not the CCC. I guess that is where my comment was rooted.
I can see both documents in agreement. There are circumstances that the Church has to allow opportunities for all in which we are not aware of.
THE MINISTER OF BAPTISM
Can. 861 §1. The ordinary minister of baptism is a bishop, a presbyter, or a deacon, without prejudice to the prescript of ⇒ can. 530, n. 1.
§2. When an ordinary minister is absent or impeded, a catechist or another person designated for this function by the local ordinary, or in a case of necessity any person with the right intention, confers baptism licitly. Pastors of souls, especially the pastor of a parish, are to be concerned that the Christian faithful are taught the correct way to baptize.
Can. 862 Except in a case of necessity, no one is permitted to confer baptism in the territory of another without the required permission, not even upon his own subjects.
Can. 863 The baptism of adults, at least of those who have completed their fourteenth year, is to be deferred to the diocesan bishop so that he himself administers it if he has judged it Expedient.
V. Who can Baptize?
1256 The ordinary ministers of Baptism are the bishop and priest and, in the Latin Church, also the deacon.57 In case of necessity, any person, even someone not baptized, can baptize, if he has the required intention. the intention required is to will to do what the Church does when she baptizes, and to apply the Trinitarian baptismal formula. the Church finds the reason for this possibility in the universal saving will of God and the necessity of Baptism for salvation.58
Thanks for correcting me on this point.