We Three Kings - Part 2 - Adoption History
The Middle Ages<< | Part One Part Three | >>
Boson of Arles, 850?-887, King of Provence
Michael V, 11th Century, Emperor of Byzantium
Te Ariki Upoko Tini, 12th-13th Century, Chief of the Cook Islands
Three powerful men - each adopted as a means of confirming his position as heir to the throne.The ancient
Code of Hammurabi marked the beginning of the transition of the "practice" of adoption into the "institution" of adoption. And the Roman Civil Code of the Middle Ages established adoption under the umbrella of Family Law, where it remains today.
In 535, the Roman Emperor Justinian issued a civil code which contained a legal guide called
The Institutes. The
chapter on Adoption is part of the Book of Persons which covers topics from marriage to parenting to guardianship. In addition to provisions we've seen in the Code of Hammurabi, the Institute addressed issues of kinship adoption, who could adopt and, most importantly, it referenced the adoption of young children.
The Roman law included the following provisions:
- Children
Adoption of a child [under the age of puberty] required investigation into whether the child would benefit from the adoption [best interest of the child]. - Who could adopt
Those who could adopt included the "impotent," but not those who had been castrated. - Women
Women could adopt by special dispensation of the Emperor. - Age difference
Adoptive parents were required to be at least eighteen years older than the adoptee(s). - Siblings
Marriage was not allowed between adoptive siblings. - Co-parenting
In some instances, both birth and adoptive families had a responsibility to the adoptee. - Need a lawyer
Adoption was clearly placed under the jurisdiction of the courts.
Changing Views of Child AdoptionWhereas adoption in Ancient times was focused on adult adoption, the Middle Ages brought a recognition and legislation of the adoption of children. Not only are children's interests given consideration, but [Book I, Article IX, paragraph 10] women are given the opportunity to adopt as comfort for the loss of their own children - a notable precursor of our modern-day infant and child adoption.
Scissors Anyone?Roman civil codes were the seeds from which our American adoption law grew, but there were interesting developments going on in other parts of the world. For example, Boson of Arles, referenced at the top of the page, was adopted by Pope John VIII. The adoption was formalized when Boson cut off his hair and handed it to the Pope. This act, known as
adoption by hair, was a common - and legally binding - practice.
Who's Who of Adoption in the Middle AgesMiddle EastThe
Prophet Muhammad [570-632] was an adoptive parent to children of his wives, and to
Zaid bin Haritha. Zaid had been gifted as a slave to Muhammad, who freed him and adopted him.
PolynesiaOn the other side of the world,
Tangiia Nui, Chief of the Tahitian-Cook Islands in the 12th-13th century was an adoptee, adoptive parent and birth parent.
EuropeGian Giacomo Caprotti [1480-1524], the Florentine painter, is generally believed to have been the adopted son of Leonardo da Vinci and
Pope Alexander VI [1431-1503] was adopted by his maternal uncle. Alexander may be best remembered as the father of the infamous Lucrezia Borgia.
Reference MaterialsAdoption Notables<< | Part One Part Three | >>
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