See also:

• ADOPTION (Lat. adoptio, for adoptalio, from adoptare, to choose for oneself)

ADOPTION (See also:

• LAT

Lat. adoptio, for adoptalio, from adoptare, to choose for oneself)  , the See also:

• ACT (Lat. actus, actum)

act by which the relations of paternity and filiation are recognized as legally existing between persons not so related by nature . Cases of See also:

• ADOPTION (Lat. adoptio, for adoptalio, from adoptare, to choose for oneself)

adoption were very frequent among the Greeks and See also:

• ROMANS
• ROMANS, EPISTLE TO THE

Romans, and the See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom was accordingly very strictly regulated in their See also:

• LAWS

laws . In See also:

• ATHENS
• ATHENS ['AN vat, Athenae, modem colloquial Greek `Ath va]

Athens the See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power of adoption was allowed to all citizens who were of See also:

• SOUND
• SOUND, THE (Danish Oresund)

sound mind, and who possessed no male offspring of their own, and it could be exercised either during lifetime or by testament . The See also:

• PERSON, OFFENCES AGAINST THE

person adopted, who required to be himself a See also:

• CITIZEN (a form corrupted in Eng., apparently by analogy with " denizen," from O. Fr. citeain, mod. Fr. citoyen)

citizen, was enrolled in the See also:

• FAMILY

family and demos of the adoptive See also:

• FATHER

father, whose name, however, he did not necessarily assume . In the See also:

• INTEREST

interest of the next of See also:

• KIN (0. E. cyn, a word represented in nearly all Teutonic languages, cf. Du. kunne, Dan. and Swed. kon, Goth kuni, tribe; the Teutonic base is kunya; the equivalent Aryan root gan- to beget, produce, is seen in Gr. 'yEvos, Lat. genus, cf. "kind")

kin, whose rights were affected by a See also:

• CASE
• CASE, JOHN (d. 1600)

case of adoption, it was provided that the See also:

• REGISTRATION

registration should be attended with certain formalities, and that it should take See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place at a fixed See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time—the festival of the See also:

• THARGELIA

Thargelia . The rights and duties of adopted See also:

• CHILDREN, LAW RELATING TO

children were almost identical with those of natural offspring, and could not be renounced except in the case of one who had begotten children to take his place in the family of his adoptive father . Adopted into another family, children ceased to have any claim of kindred or See also:

• INHERITANCE

inheritance through their natural father, though any rights they might have through their See also:

• MOTHER

mother were not similarly affected . Among the Romans the existence of the patria potestas gave a See also:

• PECULIAR

peculiar significance to the custom of adoption . The See also:

• MOTIVE (from Lat. movere, to move)

motive to the act was not so generally childlessness, or the gratification of See also:

• AFFECTION (Lat. ad, and facere, to do something to, sc. a person)

affection, as the See also:

• DESIRE

desire to acquire those See also:

• CIVIL

civil and agnate rights which were founded on the patria potestas . It was necessary, however, that the adopter should have no children of his own, and that he should be of such an See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age as to preclude reasonable expectation of any being See also:

• BORN, IGNAZ, EDLER VON (1742–1791)

born to him . Another See also:

• LIMITATION, STATUTES OF

limitation as to age was imposed by the See also:

• MAXIM, SIR HIRAM STEVENS (184o- )

maxim adoptio imitatur naturam, which required the adoptive father to be at least eighteen years older than the adopted children . According to the same maxim eunuchs were not permitted to adopt, as being impotent to beget children for themselves .

Adoption was of two kinds according to the See also:

• STATE
• STATE, GREAT OFFICERS OF

state of the person adopted, who might be either still under the patria potestas (See also:

• ALIEN (Lat. alienus)

alien See also:

• JURIS

juris), or his own See also:

• MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

master (sui juris) . In the former case the act was one of adoption proper, in the latter case it was styled adrogation, though the See also:

• TERM

term adoption was also used in a See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general sense to describe both See also:

• SPECIES

species . In adoption proper the natural father publicly sold his See also:

• CHILD
• CHILD, FRANCIS JAMES (1825-1896)
• CHILD, L
• CHILD, LYDIA MARIA (1802-1880)
• CHILD, SIR FRANCIS (1642-1713)
• CHILD, SIR JOHN (d. 1690)
• CHILD, SIR JOSIAH (163o - 1699)

child to the adoptive father, and the See also:

• SALE
• SALE, GEORGE (c. 1697-1736)
• SALE, SIR ROBERT HENRY (1782—1845)

sale being thrice repeated, the maxim of the Twelve Tables took effect, Si See also:

• PATER, WALTER HORATIO (1839-1894)

pater filium ter venunduit, filius a patre See also:

• LIBER

liber esto . The See also:

• PROCESS

process was ratified and completed by a fictitious See also:

• ACTION

action of recovery brought by the adoptive father against the natural See also:

• PARENT, SIMON NAPOLEON (1855– )

parent, which the latter did not defend, and which was therefore known as the cessio in jure . Adrogation could be accomplished originally only by the authority of the See also:

• PEOPLE

people assembled in the See also:

• COMITIA

Comitia, but from the time of See also:

• DIOCLETIAN (GAIUs AURELIUS VALERIUS DIOCLETIANUS) (A.D. 245–313)
• DIOCLETIAN, EDICT OF (De Pretiis rerum venalium)

Diocletian it was effected by an imperial rescript . See also:

• FEMALES

Females could not be adrogated, and, as they did not possess the patria potestas, they could not exercise the right of adoption in either See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind . The whole See also:

• ROMAN

Roman See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law on the subject of adoption will be found in Justinian's Institutes, See also:

• LIB

lib. i. tit . 11 . In See also:

• HINDU

Hindu law, as in nearly every See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

ancient See also:

• SYSTEM

system, See also:

• WILLS, WILLIAM GORMAN (1828-1891)

wills were formerly unknown, and adoptions took their place . (See See also:

• INDIAN

INDIAN LAW.) Adoption is not recognized in the laws of See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England, See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland or the See also:

• NETHERLANDS

Netherlands, though there are legal means by which one may be enabled to assume-the name and arms and to inherit the See also:

• PROPERTY

property of a stranger . (See Nam .E.) In See also:

• FRANCE
• FRANCE, ANATOLE (1844– )

France and See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany, countries which may be said to have embodied the Roman law in their See also:

• JURISPRUDENCE (Lat. jurisprudenlia, knowledge of law, from jus, right, and prudentia, from providere, to foresee)
• JURISPRUDENCE, COMPARATIVE

jurisprudence, adoption is regulated according to the principles of Justinian, though with several more or less important modifications, rendered necessary by the usages of these countries respectively . Under See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French law the rights of adoption can be exercised only by those who are over fifty years of age, and who, at the time of adoption, have neither children nor legitimate descendants .

They must also be fifteen years older than the person adopted . In See also:

• GERMAN
• GERMAN, DUTCH AND SCANDINAVIAN

German law the person adopting must either be fifty years of age, or at least eighteen years older than the adopted, unless a See also:

• SPECIAL

special See also:

• DISPENSATION

dispensation is obtained . If the person adopted is a legitimate child the consent of his parents must be obtained; if illegitimate, the consent of the mother . Both in Germany and France the adopted child remains a member of his See also:

• ORIGINAL

original family, and ac-quires no rights in the family of the adopter other than that of See also:

• SUCCESSION (Lat. successio, from succedere, to follow after)

succession to the person adopting . In the See also:

• UNITED

United States adoption is regulated by the statutes of the several states . Adoption of minors is permitted by See also:

• STATUTE

statute in many of the states . These statutes generally require some public See also:

• NOTICE

notice to be given of the intention to adopt, and an See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order of approval after a See also:

• HEARING (formed from the verb " to hear," O. Eng. hyran, heron, &c., a common Teutonic verb; cf. Ger. Koren, Dutch hooren, &c.; the O. Tent. form is seen in Goth. hausjan; the initial h makes any connexion with " ear," Lat. audire, or Gr. &Kobew very doub

hearing before some public authority . The consequence commonly is that the person adopted becomes, in the eyes of the law, the child of the person adopting, for all purposes . Such an adoption, if consummated according to the law of the See also:

• DOMICILE (Lat. domicilium, from domus, home)

domicile, is equally effectual in any other state into which the parties may remove . The relative status thus newly acquired is ubiquitous . (See Whitmore, Laws of Adoption; See also:

• ROSS
• ROSS, ALEXANDER (1699-1784)
• ROSS, GEORGE WILLIAM (1841- )
• ROSS, JOHN, or KOOESKOOWE (179o-1866)
• ROSS, ROBERT (1766-1814)
• ROSS, SIR HEW DALRYMPLE (1779-1868)
• ROSS, SIR JAMES CLARK (1800-1862)
• ROSS, SIR JOHN (1777-1856)

Ross v . Ross, 129 See also:

• MASSACHUSETTS (an Indian name, originally applied to a tribe of Indians)

Massachusetts Reports, 243.) The See also:

• PART

part played by the legal fiction of adoption in the constitution of See also:

• PRIMITIVE

primitive society and the See also:

• CIVILIZATION

civilization of the See also:

• RACE

race is so important, that See also:

• SIR

Sir See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry S .

See also:

• MAINE
• MAINE, ANNE LOUISE BENEDICTE DE BOURBON
• MAINE, SIR HENRY JAMES SUMNER (1822–1888)

Maine, in his Ancient Law, ex-presses the See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion that, had it never existed, the primitive See also:

• GROUPS
• GROUPS, THEORY

groups of mankind could not have coalesced except on terms of See also:

• ABSOLUTE (Lat. absolvere, to loose, set free)

absolute superiority on the one See also:

• SIDE
• SIDE (mod. Eski Adalia)

side and absolute subjection on the other . With the institution of adoption, however, one people might feign itself as descended from the same stock as the people to whose sacra gentilicia it was admitted; and amicable relations were thus established between See also:

• STOCKS

stocks which, but for this expedient, must have submitted to the arbitrament of the See also:

• SWORD (0. Eng. sweord; ultimately from an Indo-European root meaning to wound)

sword with all its consequences .