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
148 JOHN D. FARIS Reception of Baptized Non-Catholics into Catholic Church Membership in a specific church sui iuris is determined by the law itself. Baptized non-Catholics are to retain and cherish their own rite anywhere on earth and observe it to the best of their ability.59 Therefore, when baptized non-Catholics enter the Catholic Church, they are not obliged to abandon their spiritual heritage. On the contrary, they are automatically enrolled in the Catholic Church sui iuris that is the counterpart of the non-Catholic Church.60 In practice, this means that a Ukrainian Orthodox person who enters the Catholic Church is automatically enrolled in the Ukrainian Catholic Church. Likewise, a Protestant who enters the Catholic Church is automatically enrolled in the Latin Church. This automatic ascription by virtue of the law itself takes place regardless of the church sui iuris in which the person is actually received. For example, if a Coptic Orthodox is received into the Catholic Church in the United States by a Latin pastor, he/she is enrolled in the Coptic Catholic Church. (In this case, however, the lack of a Coptic bishop would result in the arrangement whereby the new Coptic Catholic is subject to the jurisdiction of the local Latin bishop.) Transfer to Another Church Sui Iuris Transfer to Another Self-Governing Church Thus far, we have treated situations wherein a “new” Catholic is enrolled in a church sui iuris. However, situations can also arise wherein a person who is already a Catholic (and enrolled in a church sui iuris) desires to transfer ascription. It may be helpful to mention those circumstances and situations wherein a transfer of membership does not occur. The long-term observance - even for a lifeti me - of another rite does not constitute a transfer of membership to another church sui iuris.6' This provision holds even in the case of Eastern Catholics committed to the pastoral care of a bishop of another church sui iuris (cf. CCEO c. 916 §5); they retain membership in their own church sui iuris.62 A cleric can be enrolled (incardinated) in an eparchy or diocese63 of a church sui iuris other than his own; such ascription does not constitute a transfer to another church sui iuris. In order for a monk or religious to be admitted to the novitiate of a monastery, order, congregation or society of the common life of another church 59 • “Finally, each and every Catholic, as also the baptized members of any non-Catholic church or community who come to the fullness of Catholic communion, must retain each his own rite wherever he is and follow it to the best of his ability.” Orientalium Ecclesiarum, n. 4. 60 CCEO c. 35. 61 CIC c. 112 §2. 62 CCEO c. 38. 63 CCEO cc. 357-366 and CIC cc. 265-272.
