5 A man may adopt a person as grandson or granddaughter, or as
great-grandson or great-granddaughter, and so on, without having a son at
all himself; 6 and similarly he may adopt another man's son as grandson,
or another man's grandson as son.
7 If he wishes to adopt some one as grandson, whether as the son of an
adoptive son of his own, or of a natural son who is in his power, the
consent of this son ought to be obtained, lest a family heir be thrust
upon him against his will: but on the other hand, if a grandfather
wishes to give a grandson by a son in adoption to some one else, the
son's consent is not requisite.
8 An adoptive child is in most respects in the same position, as regards
the father, as a natural child born in lawful wedlock. Consequently
a man can give in adoption to another a person whom he has adopted by
imperial rescript, or before the praetor or governor of a province,
provided that in this latter case he was not a stranger (i.e. was a
natural descendant) before he adopted him himself.
9 Both forms of adoption agree in this point, that persons incapable
of procreation by natural impotence are permitted to adopt, whereas
castrated persons are not allowed to do so.
10 Again, women cannot adopt, for even their natural children are not
subject to their power; but by the imperial clemency they are enabled to
adopt, to comfort them for the loss of children who have been taken from
them.
11 It is peculiar to adoption by imperial rescript, that children in the
power of the person adrogated, as well as their father, fall under the
power of the adrogator, assuming the position of grandchildren. Thus
Augustus did not adopt Tiberius until Tiberius had adopted Germanicus,
in order that the latter might become his own grandson directly the
second adoption was made.
12 The old writers record a judicious opinion contained in the writings
of Cato, that the adoption of a slave by his master is equivalent to
manumission. In accordance with this we have in our wisdom ruled by a
constitution that a slave to whom his master gives the title of son by
the solemn form of a record is thereby made free, although this is not
sufficient to confer on him the rights of a son.
TITLE XII. OF THE MODES IN WHICH PATERNAL POWER IS EXTINGUISHED
Public-domain text, read in full here on John Shaqi.
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