Annulments

4. If the Tribunal declares a marriage invalid, does this mean that children born of the marriage are illegitimate? No. The decision of the church Tribunal has no effect on the status of the children. Children born in lawful wedlock remain legitimate. In addition, the laws of the Church say, (Canon 1137), "Children conceived or born of a valid or putative marriage are legitimate." A putative marriage is a marriage that was thought to be valid at the time. The Church upholds the legitimate status of children born of a marriage that is later judged invalid. A declaration of the nullity of the marriage simply states that the man and woman are not bound to the marriage. By comparison, a civil declaration of nullity, (which is different than a civil divorce, and also different than a Church declaration of nullity ), does not mean that the children are illegitimate. There is a recognition in civil law that a declaration of nullity does not mean children are illegitimate. back