Dear Bill:

Yes, I am familiar with these canons. I did not get into it because these Canons refer to a very technical nuance that has no practical application and thus will most likely confuse people. Perhaps I was too simplistic in my description. But, since you brought it up.

The Church here does not define illegitimacy directly, but rather how illegitimate children can be legitimized (cc. 1139). The canons do define legitimacy, but then only the legitimacy of children in valid or putative marriages (cc 1137): valid marriage gives legitimate children; invalid marriage gives illegitimate children. Such illegitimate children born to a couple not validly married can legitimized by the parents doing what is necessary to validate their marriage.

This means, by the way, that if a Catholic marries a non-Catholic without the Bishop's permission, or does not marry in a Catholic wedding ceremony (lack of canonical form) the marriage is not valid and thereby the children from that marriage are technically illegitimate until the parents regularize their marriage in the Church.

The Canon only indirectly refers to children born of adultery and does not address at all cases of children born of incest or rape.

All this is a hold over from the 1917 Canon Law in which legitimacy was of concern. It has little relevance or practical application today, especially given Canon 1140, except on rare occasions.

The Canon Law Society explains:

In the present code there are no effects caused by illegitimacy, unlike in the 1917 code where being illegitimate had certain negative implications, especially for those wishing to be priests, cardinals, abbots, and bishops (CIC 1363.1; 232.2; 320.2; 331.1.1). However, there may be some restrictions on persons who are illegitimate in particular law, proper law, or concordats [or religious orders and communities]. If there are no effects of illegitimacy in the code, why did the redactors choose to keep canons 1137-1140 in the code? Because, as they noted,

even though all the effects of illegitmacy have been removed from the universal law, the canons more appropriately remain since they can have application to particular law and, for another reason, they can highlight the sanctity of marriage in this way.

The primary question people have concerns legitimacy of their children if their marriages are annulled. A decree of Nullity of marriage does not make the children illegitimate.

In any event, the issue of legitimacy has no relevance, except in the rarest circumstances that few laity will encounter, and thus is the equivalent of not existing at all. Certainly it has no practical existence and thus people should not concern themselves with it.

As the redactors of the 1983 Canon Law stated as their reason to include these canons, it helps to highlight the sanctity and importance of marriage.

But, all children are a blessing regardless of paternity.

God Bless,
Bro. Ignatius Mary