Folia Canonica 4. (2001)
STUDIES - John D. Faris: A Canonical Examination of the Acquisition, Consequences and Loss of Membership in a Church - A Catholic Perspective
MEMBERSHIP IN A CHURCH 147 Catholic Church as determined by the law itself. Ascription in a church sui iuris is the determinant factor regarding the laws (i.e., either the CCEO or the CIC and relevant particular law)51 and the hierarchy to which a person is subject.52 It should be noted that the requirements to receive baptism or to be received into the Catholic Church are minimal, but the provisions regarding ascription in a church sui iuris are detailed, almost casuistic. Requirements regarding ascription in a church sui iuris (e.g., the membership status of one’s parents) determines the Catholic Church of baptism, not vice versa.53 ASCRIPTION THROUGH BAPTISM Enrollment through Baptism In making the determination of those who are enrolled in a church sui iuris as a result of baptism, the law establishes two categories: Persons under the age of fourteen years and persons who are at least fourteen years old.54 It is the general rule that a person under fourteen years old is to be baptized and enrolled in the church sui iuris of the father; the parents can reach an agreement to have the child enrolled in the church sui iuris of the mother.55 Specific provisions are also made with regard to the ascription of a child of an unwed mother, of unknown parents, an adopted child, and a child of non-bap- tized parents.56 A non-baptized person who has completed at least fourteen years is free to choose any church sui iuris for baptism and ascription.57 It is recommended that the non-baptized person choose the church that is more appropriate to his or her culture.58 51 CCEO c. I andC/Cc. 1. 52 See CCEO c. 915 §§ 1, 4-5; cf. CIC c. 105. 53 CCEO c. 683 - Baptism must be celebrated according to the liturgical prescriptions of the Church sui iuris in which according to the norm of law the person to be baptized is to be enrolled. In the former legislation, the “rite” in which a person was baptized was ordinarily the determinant factor in the ascription in a church sui iuris. See 1917 CIC c. 98 §1 and Cleri Sanctitati c. 6. See also Nuntia 3 (1976) 49 and Nuntia 15 (1982) 17. 54 A fourteen-year-old is considered a minor (CCEO c. 909 §1 and CIC c. 97 §1). 55 CCEO c. 29 §1. 56 CCEO c. 29 §2. 57 CCEO c. 30. See also CIC c. 111 §2. 58 CCEO c. 588.
