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Adoption

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Adoption is a legal and social process where a person assumes parenting responsibilities for another. This usually involves a child being taken from their biological or legal parents. Unlike guardianship, which is often a temporary arrangement for care, adoption is intended to create a permanent change in status. This change requires recognition through legal or religious sanction. In a legal adoption, all rights and responsibilities are transferred. This includes the concept of filiation, which is the legal relationship between a parent and a child.

Historically, the mechanisms of adoption have varied greatly depending on the culture. In the Roman Empire, adoption was a formal tool used for political and economic stability. It allowed wealthy families to create male heirs to manage large estates. It also enabled peaceful transitions of power between leaders. For example, the emperor Nerva adopted Trajan, who eventually became emperor himself. Trajan then adopted Hadrian to ensure a smooth succession. The Romans even practiced adrogation, where the person being adopted gave their consent to the process.

Traianus Glyptothek Munich 336
Traianus Glyptothek Munich 336

Other ancient civilizations used adoption to preserve religious and cultural continuity. In ancient India, adoption was a highly ritualistic practice. An adopter might seek a son to ensure that necessary funerary rites were performed. Similarly, in ancient China, males were often adopted for the specific purpose of ancestor worship. In Polynesia, including Hawaii, the custom was known as hānai. This involved adopting the children of close friends or family members. These practices focused more on spiritual duties than on extending biological family lines.

Following the decline of the Roman Empire, European attitudes toward adoption shifted significantly. Many Germanic, Celtic, and Slavic cultures emphasized bloodlines above all else. Because of this, they often rejected the practice of adoption for leadership. English common law did not permit adoption because it conflicted with inheritance rules. In France, the Napoleonic Code made adoption extremely difficult. To adopt, a person had to be over 50 years old and sterile. They also had to be at least 15 years older than the child and have fostered them for six years.

Ferdinand Georg Waldmüller 003
Ferdinand Georg Waldmüller 003

During the Middle Ages, adoption became more informal through ad hoc contracts. These agreements often focused on the responsibilities of the adopted person rather than the rights of the parent. For instance, a contract might ensure an elderly person was cared for in their old age. As abandonment of children increased, the Christian Church stepped in to help. The Church developed a practice called oblation. This involved dedicating abandoned children to monastic institutions. This system allowed children to be raised without the social or legal disadvantages faced by other foundlings.

Entrance to the New York Foundling Home
Entrance to the New York Foundling Home

In the 19th century, adoption in Europe and America often functioned as a way to obtain cheap labor. Institutions sometimes placed children in apprenticeships rather than permanent homes. This was often called indenture. In the United States, the mid-nineteenth century saw a massive movement known as the Orphan Trains. A minister named Charles Loring Brace started this movement to help homeless children in New York City. An estimated 200,000 children were moved from urban centers to rural areas via these trains. While some were raised as family members, others worked as farm laborers or household servants.

CharlesLoringBrace
CharlesLoringBrace

The modern era of adoption was shaped by new laws and social movements. In 1851, Massachusetts passed the first modern adoption law. This law was unique because it focused on the "best interests of the child." Later, Minnesota's 1917 law required investigations of all placements and limited record access. In 1909, President Theodore Roosevelt called the First White House Conference on the Care of Dependent Children. This conference declared that the nuclear family was the best way to care for orphaned children. These changes helped shift adoption from a labor-based system to one focused on creating families.

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🖼️ Images & Media (9)
File:Children at New York Foundling cph.3a23917.jpg
Children at New York Foundling cph.3a23917.jpg
File:Traianus Glyptothek Munich 336.jpg
Traianus Glyptothek Munich 336.jpg
File:Ferdinand Georg Waldmüller 003.jpg
Ferdinand Georg Waldmüller 003.jpg
File:CharlesLoringBrace.jpg
CharlesLoringBrace.jpg
File:JosephineBaker1964NL.jpg
JosephineBaker1964NL.jpg
File:Entrance to the New York Foundling Home.jpg
Entrance to the New York Foundling Home.jpg
File:"Надія і житло для дітей" в Україні.jpg
"Надія і житло для дітей" в Україні.jpg
File:World same-sex adoption laws.svg
World same-sex adoption laws.svg
File:Anne of Green Gables.jpg
Anne of Green Gables.jpg
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