The author quoted the provisions of International Theological Commission document titled “The Hope of Salvation for infants who die without being baptized”, to confront them with existing legislation of The Code of Canon Law. He analysis and reviews the previous legal solutions (can. can. 868 §2; 871; 1125, 10 ) pointing out its argumentative deficiencies. The content of the document can play an important role in the next law regulations, especially regarding the ecumenical activity.