5.B.5 Right and Delay of Infant Baptism
1. If a founded hope that an infant will be brought up in the Catholic religion is altogether lacking, the baptism is to be delayed and the parents or lawful guardians are to be informed of the reason.  Every effort should be made to encourage the parents or guardians to a conversion of their intentions.
2. The pastor is competent to make this judgment. 
(Doubt about this founded hope may arise because the parents do not practice the faith, or merely cohabit without marriage, or are in a marriage not recognized by the Church, or are in a same sex relationship.)
3. This founded hope is not required when the infant of non-Catholic parents is baptized in danger of death. It is not required when an infant of non-Catholic Christians is baptized because the parents or at least one of them or the person who legitimately holds their place asks for it, and it is physically or morally impossible for them to have access to their own minister. 
 c. 868 §1, 2º; also see Sacred Congregation for Divine Worship, Rite of Baptism for Children, Ordo baptismi parvulorum (September 8, 1969), no. 3. [Hereafter RBC.]
 c. 530, 1º.
 c. 868 §1, 2 º and §3, De Concordia Inter Codices