RRR 97-99

Baptism of Child Before Adoption by Jewish Couple

A Catholic mother (with a child born out of wedlock) is willing to have her child adopted by a Jewish cou ple and raised as a Jew, but insists, before giving the baby up, that it be baptized in the Catholic Church. Does this insistence in any way debar the complete Jewish adoption or the raising of the child as a Jew?(From Rabbi Martin Goldberg, Buffalo, New York)

One can understand why the Catholic mother insists upon Catholic baptism and yet, thereafter, is willing to have the child raised as a Jew. The mother’s conscience is involved. Since she has had sexual relationship outside of wedlock, she has committed a sin, and she undoubtedly feels that the least she can do to atone for her sin is to have her child baptized in the Catholic Church. Also, to a Catholic, baptism is a sacrament with permanent effect, and in the eyes of the Church, the child remains a Catholic. Hence, to the mother, whatever might subsequently be done to raise the child as a Jew or Jewess could have no permanent effect on its status, and the child is “saved.”

Of course, Judaism cannot make the same relative evaluation between Catholic baptism and Jewish induction as a Catholic would make. To a Catholic, Jewish ceremonial conducted over a baptized Catholic child is of no avail. The child remains Catholic. With us, the analogous assertion is made with regard to a child born of a Jewish mother. Catholic baptism is of no avail, and this child born of a Jewish mother remains a Jew (see responsa of Solomon Duran with regard to the Marranos, “Rashbash” 89). But our question here asks what is the status in Judaism of a child born of a Catholic mother and baptized, and who is to be adopted by Jewish parents. Specifically, the questioner wants to know whether the fact that the Gentile child is first baptized makes it less proper or more difficult for the child to be converted to Judaism.

First of all, it is clear that any Gentile infant can be converted to Judaism. It is, of course, impossible to explain to an infant or to a young child all the implications of conversion to Judaism. Such a detailed explanation is required with adult candidates for such a conversion. That an infant may be converted to Judaism is clear from the Talmud (b. Ketuboth 11a). The inevitable omission of the cautionary explanations is justified in the Talmud on the ground that it is of benefit to any child to be accepted to Judaism (cf. Reform Jewish Practice, Vol. II, p. 85 ff.).

The only limitation in the older law as to who may be and who may not be accepted as a Jew concerned certain Palestinian pagan nations who “may not enter into the congregation of the Lord” (Deuteronomy 7 : 3 and 23 : 4). But even with regard to this Biblical prohibition, the Talmud indicates that it is no longer in force since “Sennacherib came and mixed up all the nations” (b. Berachos 28a). In other words, those nations originally excluded are no longer distinguishable from other people. Thus, the Biblical prohibition of the acceptance of such races for con version has lapsed. There is no racial or national discrimination, and there has never been a religious discrimination against one class of proselyte or another. This child, if baptized before adoption, is no different in status from a grown Catholic who had been baptized in youth and had, since childhood, received many Catholic sacraments and who wishes, now, to convert to Judaism. He is certainly acceptable.

The only possible objection to the mother’s having the child baptized before adoption is a social or psychological one. This insistence on baptism may mean that she wants to retain her hold on the child and may later try to have the adoption cancelled. If so, the Jewish adopting parents will have a great deal of sorrow. But this possible outcome should be guarded against, and the Jewish adopters should be as certain as possible that the mother is merely easing her conscience by having the child baptized. Certainly from the point of view of Jewish law, there can be no objection to the natural mother’s desire to baptize her child, provided that the child is then properly inducted into Judaism.