Adoption in ancient Rome was primarily a legal procedure for transferring paternal power. The Latin word adoptio refers broadly to adoption, which was of two kinds. One kind involved the transferral of potestas over a free person from one head of household to another. This process was known as adoptio. The other kind was adrogatio. Adrogatio occurred 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. These were concerns of the Roman property-owning classes and cultural elite. During the Principate, adoption became a way to ensure imperial succession.
Social Context And Class Dynamics
Formal adoption was practiced primarily for financial, social, and political purposes among the property-owning classes. Free working people for whom these interests were minimal had little need of the cumbersome legal procedure. They instead fostered if they wished to rear children. Cicero said that adoption was an accepted way to ensure the hereditas of three aspects of Roman family continuity: the family name, wealth, and religious rites. Adoption was appropriate for a man who had no legitimate children. If there were already legitimate heirs, adoption risked diluting their inheritance and the social status that came with it. Romans tended to prefer small families of two or three children for this reason. In adopting an adult heir, the father could see what he was getting. Social and legal context shaped how adoption functioned within Roman society.Procedures For The Adoptee
A close relative was preferred as the adoptee in Roman practice. A paterfamilias might adopt a grandson, especially if the grandson's father was not in the line of succession. One common pattern involved a woman's childless brother adopting one of her sons. A brother or cousin on the father's side might relinquish potestas over a son to provide a childless man with an adoptive heir. A pater who had no sons might adopt his daughter's husband to strengthen family lineage. To avoid technical incest, he would first need to emancipate his daughter so that she was no longer legally a part of the family. Adoption of a stepson from the wife's previous marriage was another strategy if the stepson had no children. The adoptee did not have to be a relative. Romans placed a high value on the social bonds of friendship. A childless man might adopt a friend or friend's son.