May 13, 2017 - I have noticed recently that a few parishes and clergy have had some issues around agreeing to baptisms w
Archdeacons’ Briefing No 13 May 2017 Dear Colleagues, I have noticed recently that a few parishes and clergy have had some issues around agreeing to baptisms when only one parent or guardian is involved. I realise this can be very a complex and sensitive situation to handle. However, I thought it might help if people could see the advice given in the Legal Opinions of the Church of England and perhaps bear them in mind as they navigate such situations. I would, of course, be always happy to chat through any specific situation with any colleague. Geoff Miller May 2017
From: Legal Opinions Concerning the Church of England (8th edition, 2007) Baptism: consent of parent Involvement of parents or guardians 5. The canon law has never required the consent of a parent before a child is baptized. Indeed, had that been so, emergency baptism would often have proved impossible. Although the Common Worship: Initiation Services: Emergency Baptism provides that it is the parents’ responsibility to request emergency baptism, it also recognizes that the parents may be absent and that they may not even have named the child (see Note 3 at p.94). The Ministration of Private Baptism of Children in Houses in the BCP also seems to envisage the possibility of the absence of the parents. In relation to a healthy infant, however, Canon B22 envisages the involvement of the child’s parents or guardians as the minister is required to instruct them in their responsibilities. 6. However, Canon B22 must be construed in relation to the general law of the land and the word ‘parent’ must therefore be construed as referring to a person having parental responsibility for the child. The Children Act 1989 provides that where a child’s father or mother are married to each other at the time of the birth each parent has parental responsibility (s2(1)). If they are not married at that time the natural father can only gain parental responsibility under the provisions of the Act (ss4 and 12); this must be by order of the civil court, or by a parental responsibility agreement with the mother which has been made and recorded in the prescribed manner, or by the registration of the father as such under the Births and Deaths Registration Act 1953, sections 10 and 10A. An adoption order gives parental responsibility to the adopters (Adoption and Children Act 2002, s46(1) as does the placement of a child with prospective adopters (2002 Act, s25(2)) and the rights, powers and obligations of the natural parents or any guardian are extinguished by an adoption order (Adoption and Children Act 2002, s46(2)). A guardian can be appointed either by the civil courts, by a person having parental responsibility or by a guardian (Children Act 1989, s5). Where there is only one such parent or guardian the Canon only applies to that one person. 7. Usually a child will be brought for baptism by the parents or the guardian or guardians. However, circumstances may vary widely and it may happen that only one parent may bring a child to baptism: the other parent may have died; the natural parents may never have married or may now be divorced; the other parent may have a different religion or be an atheist or agnostic; the other parent may object
to the baptism or merely be uninterested. The minister can only discover the true state of affairs by making enquiries; in the first instance this will be from the parent who requests the baptism. 8. Even though section 2(7) of the Children Act 1989 permits one parent to act without the authority of the other, if a child is brought by one parent alone the minister remains under a duty (save in an emergency) to instruct both parents or guardians in the responsibilities that rest upon them (Canon B22 para 4). He should therefore enquire as to the reason for the absence of the other parent or guardian and, if there is another parent and that other can be located, he must endeavour to instruct them both. In order to do so he may postpone the baptism (save in an emergency) (Canon B22 para 3). 9. If the other parent cannot be found, the minister is entitled then to baptize the child. On the other hand, if the other parent or guardian does not agree to a baptism, or refuses to be prepared or instructed, the minister should apply to the diocesan bishop for guidance and directions under Canon C18. If the minister learns that a court order to prohibit baptism has been made or is being sought (for example, until leave of the court has been obtained), he should refuse baptism until the matter has been resolved by the court; in the meantime, he should inform the bishop as to the reason for his refusal. 10. If the child is brought for baptism by persons other than the parents or guardians, the minister’s obligation nevertheless remains the same. 11. If the minister refuses to baptize the child, or unduly delays in so doing, the parent or guardian who brought the child for baptism may also apply to the bishop under Canon B22 para 2 and after consultation with the minister the bishop must give such directions as he thinks fit.
