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Objection 1: It would seem that there is not contracted through
adoption a tie that is an impediment to marriage. For spiritual care
is more excellent than corporeal care. But no tie of relationship is
contracted through one's being subjected to another's spiritual care:
else all those who dwell in the parish would be related to the parish
priest and would be unable to marry his son. Neither therefore can
this result from adoption which places the adopted under the care of the
adopter.
Objection 2: Further, no tie of relationship results from persons
conferring a benefit on another. But adoption is nothing but the
conferring of a benefit. Therefore no tie of relationship results from
adoption.
Objection 3: Further, a natural father provides for his child
chiefly in three things, as the Philosopher states (Ethic. viii,
11,12), namely by giving him being, nourishment and education;
and hereditary succession is subsequent to these. Now no tie of
relationship is contracted by one's providing for a person's
nourishment and education, else a person would be related to his
nourishers, tutors and masters, which is false. Therefore neither is
any relationship contracted through adoption by which one inherits
another's estate.
Objection 4: Further, the sacraments of the Church are not subject
to human laws. Now marriage is a sacrament of the Church. Since
then adoption was introduced by human law, it would seem that a tie
contracted from adoption cannot be an impediment to marriage.
On the contrary, Relationship is an impediment to marriage. Now a
kind of relationship results from adoption, namely legal relationship,
as evidenced by its definition, for "legal relationship is a
connection arising out of adoption." Therefore adoption results in a
tie which is an impediment to marriage.
Further, the same is proved by the authorities quoted in the text
(Sent. iv, D, 42).
I answer that, The Divine law especially forbids marriage between
those persons who have to live together lest, as Rabbi Moses observes
(Doc. Perp. iii, 49), if it were lawful for them to have
carnal intercourse, there should be more room for concupiscence to the
repression of which marriage is directed. And since the adopted child
dwells in the house of his adopted father like one that is begotten
naturally human laws forbid the contracting of marriage between the
like, and this prohibition is approved by the Church. Hence it is
that legal adoption is an impediment to marriage. This suffices for
the Replies to the first three Objections, because none of those
things entails such a cohabitation as might be an incentive to
concupiscence. Therefore they do not cause a relationship that is an
impediment to marriage.
Reply to Objection 4: The prohibition of a human law would not
suffice to make an impediment to marriage, unless the authority of the
Church intervenes by issuing the same prohibition.
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