Roman adoption in the context of "Patria potestas"

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⭐ Core Definition: Roman adoption

Adoption in ancient Rome was primarily a legal procedure for transferring paternal power (potestas) to ensure succession in the male line within Roman patriarchal society. The Latin word adoptio refers broadly to "adoption", which was of two kinds: the transferral of potestas over a free person from one head of household to another; and adrogatio, when the adoptee had been acting sui iuris as a legal adult but assumed the status of unemancipated son for purposes of inheritance. Adoptio was a longstanding part of Roman family law pertaining to paternal responsibilities such as perpetuating the value of the family estate and ancestral rites (sacra), which were concerns of the Roman property-owning classes and cultural elite. During the Principate, adoption became a way to ensure imperial succession.

In contrast to modern adoption, Roman adoptio was neither designed nor intended to build emotionally satisfying families and support childrearing. Among all social classes, childless couples or those who wanted to expand the size of their families instead might foster children. Evidence is meager for the adoptio of young children for purposes other than securing a male heir, and probably would have been employed mostly by former slaves legitimating the status of their own children born into slavery or outside a legally valid marriage.

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Roman adoption in the context of Five Good Emperors

The Nerva–Antonine dynasty comprised seven Roman emperors who ruled from AD 96 to 192: Nerva (96–98), Trajan (98–117), Hadrian (117–138), Antoninus Pius (138–161), Marcus Aurelius (161–180), Lucius Verus (161–169), and Commodus (177–192). The first five of these are popularly known as the "Five Good Emperors".

The first five of the six successions within this dynasty were notable in that the reigning emperor did not have a male heir, and had to adopt the candidate of his choice to be his successor. Under Roman law, an adoption established a bond legally as strong as that of kinship.

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Roman adoption in the context of Lex curiata de imperio

In the constitution of ancient Rome, the lex curiata de imperio (plural leges curiatae) was the law confirming the rights of higher magistrates to hold power, or imperium. In theory, it was passed by the comitia curiata, which was also the source for leges curiatae pertaining to Roman adoption.

In the late Republic, historians and political theorists thought that the necessity of such a law dated to the Regal period, when kings after Romulus had to submit to ratification by the Roman people. Like many other aspects of Roman religion and law, the lex curiata was attributed to Numa Pompilius, Rome's second king. This origin seems to have been reconstructed after the fact to explain why the law was required, at a time when the original intent of the ceremony conferring imperium was no longer understood. The last two kings, however, were said to have ruled without such ratification, which at any rate may have been more loosely acclamation.

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