The law of the Franks allowed a man who had no children to adopt the children of others; the adoption was effected by a transfer of the adopter's property to the person adopted ; with a reservation of the usufruct thereof to the adoptive father for his life. The adoption was a solemn act, which took place before the king or other competent authority. The old law of Aragon allowed a man to adopt a son, though he had sons of his own, and the adopted son was on the same footing as a sou of a man's body with respect to right to the inheritance and liability for the debts of his deceased parent This in fact is the Roman law. (Du Cange, Gloss. ad Script. Med. et Itplm. Latini " Adoptio Filiorum.") Adoption is still practised both among the Turks and among other Eastern tions. It is common for a rich Turk who has no children of his own, to adopt as his heir the child of persons even of the poorest class. The bargain is ratified by the parties going together before the Cadi, and getting their mutual consent recorded ; after which the child cannot be disinherited by his adoptive father. D'Herbelot states that, according to the law of Mohammed, a person becomes the adopted son of another by undergoing the ceremony of passing through his shirt ; whence the expression, to draw another through one's shirt, signifies to adopt him for a son. In India the same thing is said to be frequently done by the two parties merely exchanging girdles. In
the Code of Gentoo Laws published by Mr. Halhed. the 9th section of the 21st chapter is entitled ' Of Adoption.' The law permits a child under five years of age to be given up for adoption by the father for a payment of gold or rice, if he have other sons, on the parties going before a magistrate and having a jugg, or sacrifice, performed. A woman, however, it is added, may not adopt a child with out having her husband's consent; and there is even some doubt if she may with that. " He," concludes the law, " who has no son, or grandson, or grandson's son, or brother's son, shall" (may ?) "adopt a son ; and while he has one adopted son, he shall not adopt a second." There is no Adoption in the English or Scotch systems of Law.
The practice of adoption, when pro perly regulated, appears to be a useful institution. The existence of families is necessary to the conservation of a state ; and there seems to be no good reason why those who have no children of their own should not by adoption add to their own comfort while they confer a benefit on others. The practice, however, may be less applicable to some states of society than to others, and before such an insti tution is established anew in any country, the whole of the reasons on which it was -originally founded in the law of Athens and Rome should be well considered.