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Anonymous Albert wrote:

Hi, guys —

I have a question concerning the Sacrament of Marriage and Canon Law 1101, section 2, which states that for a marriage to be valid, both parties must be open to procreation.

  • Does this mean that if one of the persons, a non-Catholic, had been sterilized in the past, and then decided to marry years later, still unrepentant of the prior sin, the marriage contracted is not valid?

In this day and age, with vasectomies being so routine, this must be a common problem.

Thank you for your help.

Sincerely,

Albert

  { If a non-Catholic, had been previously sterilized and then married years later, still unrepentant, is the marriage still invalid? }

Mike replied:

Hi Albert,

My Catholic friends can correct me if I'm wrong, but I think a lot of it depends on what the
non-Catholic was aware of at the time of sterilization. If (he/she) knew that it was sinful and entered the marriage without the intent of having children then the marriage would not be consummated. I would like to know the reasons for (him/her) deciding to get sterilized.

  • Was it peer pressure?
  • Force by another person?

Even if (he/she) didn't know that the sterilization was wrong, yet got married, I would say the marriage was not consummated.

A Christian man and woman who enter into a marriage must both be open to procreation. If they are not, a marriage would not have taken place. Now if one of the parties was not a Christian,
I don't know.

Certainly if she was a Catholic Christian, it would be an impediment to a valid marriage, and one that would probably be declared null and void.

I'd be interested in what Fr. Francis thinks on this issue if he has time.

Mike

Fr. Francis replied:

Dear Albert,

Indeed sterilization before marriage is an impediment to a Sacramental Marriage. There are a number of "impediments" that are standard in the pre-nuptial interrogatory (which is the first dialogue the couple has with the priest, deacon or other pastoral minister trained in this.)

If any of these impediments are discovered, any and all plans of marriage are on hold until, and if, a dispensation is given by the bishop through the appropriate channels.

Father Francis

Albert replied:

Hi, Mike —

Thanks for your answers.

  • Could I ask you a follow up?

The guy who had the vasectomy before marriage, (it was not forced upon him in any way); he got prostate cancer a few years after the wedding. He underwent extensive radiation therapy, which, renders the man sterile. Now, he would be sterile anyway.

  • If he and his wife now "re-married", with this new medical condition in mind, would the marriage then be valid?

Thank you!

Albert

Edward J. Furton, Ethicist from the National Catholic Bioethics Center replied:

Mike:

I believe that this question is an unanswerable hypothetical. Catholics do not remarry.

Edward J. Furton, M.A., Ph.D.

Fr. Francis replied:

Dear Albert,

A known state of being sterile, or even impotent, is an impediment to enter into Holy Matrimony, and it must be addressed before marriage by way of a dispensation by the bishop.

Father Francis

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