(M392) Adoption primarily means a process by which parents could admit to
the privileges of sonship children born of other parents. There were many
reasons which might impel them to such a course. If they were childless, a
natural desire for an heir might operate. But under the Babylonian law a
man might take a second wife, or a maid, if his wife were childless, to
bear him children. A more operative cause was that children were a source
of profit to their parents while they remained with them. But it seems
that men married early. Hence this alone does not seem sufficient to
account for the great frequency of adoption. Besides, in that case, what
induced a parent to part with his child for adoption? It seems that the
real cause most often was that the adopting parents had lost by marriage
all their own children and were left with no child to look after them.
They then adopted a child whose parents would be glad to see him provided
for, to look after them until they died, leaving him the property they had
left after portioning their own children.
(M393) The Code admits all kinds of adoption, but regulates the custom. A
man might adopt an illegitimate son, or the child of a votary or
palace-warder, who had no right to children, or the child of living
parents. In the latter case alone was the parents’ consent necessary. We
have examples of cases of adoption of relatives, of entirely unrelated
persons, of a slave even.(373) We learn from the series _ana ittišu_(374)
that a man might take a young child, put it out to nurse, provide the
nurse with food, oil for anointing, and clothing, for a space of three
years; and then have it taught a trade or profession, such as that of
scribe.(375)
(M394) Adoption was effected by a deed, drawn up and sealed by the
adoptive parents, duly sworn to and witnessed. Such contracts definitely
state the relationship, which was in all respects the same as that of a
son born in matrimony. But it laid down the obligations of the son, while
it stipulated what was the inheritance to which he might expect to
succeed. It brought responsibilities to both parties and fixed them. The
son was bound to do that which a son would naturally have done,
explicitly, to maintain his parents while they lived. The parents were
bound, not only to leave him property, but to treat him as a son. But, as
a rule, all was matter of contract and carefully set down. If such a
contract was not drawn up, although the adoptive parents had brought him
up, the child must return to his father’s house.(376) Only, for an
artisan, it was sufficient to have taught the child his trade.(377)
Public-domain text, read in full here on John Shaqi.
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