Journal of History, Art and Archaeology Vol. 1, No. 1, 2021, pp. 83-89 © ARF India. All Right Reserved URL: www.arfjournals.com ADOPTION IN MESOPOTAMIA AND LEVANT BETWEEN THE THIRD AND FIRST MILLENNIA BCE Seraj Aldeen Hasson1 and Dr. V. Shobha2 1Research Scholar, Department of Ancient History and Archaeology, University of Mysore, E-mail: [email protected] 2Associate Professor, Department of Ancient History and Archaeology, University of Mysore ABSTRACT Received : 10 February 2021 This paper focuses on the adoption contracts of children in Mesopotamia and Revised : 17 February 2021 Levant civilizations in the third and second millennia. It also sheds light on Accepted : 10 March 2021 children’s rights, their duties and punishments, and gender differentiation Published : 3 May 2021 perspectives mentioned in the adoption contracts. It is proposed to examine on the basis of historical transcripts, how adoption leads to a profound understanding of children’s lives and how the ruling authorities in ancient TO CITE THIS ARTICLE: times used to protect the rights of children by documenting and regulating Seraj Aldeen Hasson and Dr. these contracts and prevented mixing races. V. Shobha. 2021. Adoption in Mesopotamia and Levant between Keyword: Child, Emar, Ugarit, Levant, Mesopotamia, contract, adoption, the third and First millennia. Journal Babylon of History, Art and Archaeology, 1: 1, pp. 83-89 Introduction them for a variety of purposes: to establish their Adoption can be defined as the legal procedure in own family, to tighten political relations, for an which an individual takes the role of a parent for a inheritance, for a potential marriage, or to care for child who is not the person’s biological offspring older family members. The deaths of parents from and, generally, the process requires some legal starvation, sickness, age, and war all led to the risk paperwork. Historically, since ancient times, in of unexpectedly leaving a child without parents all human cultures, children have been transferred made adoption a necessary practice embraced by from biological parents to parents that want people in different periods. 84 Journal of History, Art and Archaeology However, the tradition of adoption was A man who adopted a son, and then married and relatively common in various places and ages with its had his own family, may dissolve the contract but legal, social and ethical consequences. The ancient would give one-third of the child’s share of goods Greeks, Romans, Egyptians, and Babylonians to the adopted child, but no real estate. And in the had their own special adoption systems. On the family to which he had ceased to belong will that other hand, the connection between adoption and descend. It was also found that daughters, typically infertility is a modern phenomenon. Nowadays, other vestals, are often adopted by Vestals to care adoption is closely tied to orphan children. However, for them in their old age. the reason and motives of adoption were different in Furthermore, adoption had to be with the ancient times. consent of the real parents, who usually performed Adoptions in ancient times were not conducted a deed making over the infant, who ceased to have in the interests of children. In fact, quite the opposite any claim on them. But there were no rights for is true. Orphaned or abandoned children often the vestals, hierodules, certain palace officials, and became slaves. Ancient adoptions in these cultures slaves over their children, and no obstacle could mostly involved male and female children. Wealthy be created. There were no parents to object to families that were sonless would adopt boys. More foundlings and illegitimate children. When his true specifically, adoption was quite prevalent in several parents were found by the adopted child and he tried civilizations in Mesopotamia (Babylon) and Levant to return to them, his eye or tongue could be ripped (Emar, Alahlah, Tell Taban, and Ugarit). out. The adopted child used to be a complete heir, and the contract might also give him the eldest son’s Adoption of Children in Mesopotamia role. Thus, he was, as a rule, a legatee. According to Johns (1904:101-105) as he mentioned In the Babylonian families, all legitimate in his book entitled Babylonian and Assyrian Rules, (including the adopted) children equally shared in dealing with contracts and letters, adoption was their father’s estate at his death, reservation being very popular in Babylon, particularly where the made of a bride-price for an unmarried son, dower father or mother was childless or had seen all of for a daughter, or property deeded by the father to their children grow up and marry away. The child favourite children. There was no birthright attached was then adopted to take care of the elderly parents. to the eldest son’s position, but he generally served as This was achieved by agreement, according to executor and equalized the shares after considering him, which generally established what the parent what each had already got. He also made grants in had to leave and what maintenance was needed. If excess of his share to others. Moreover, the two there were biological children, they were typically families shared equally in the estate of the father consenting parties to an agreement that cut off their when there were two wives, until later when two- hopes. In certain cases, they have discovered the thirds were taken by the first generation. While estate for the adopted child who was to relieve them children shared the property of their own mother, of treatment. The contract was cancelled in the legal they had no right in sharing that of a stepmother. courts if the adopted child did not perform the filial In Babylon, a father was able to disinherit a son obligation. Slaves were also adopted and were again without restriction at an early stage, but the Code transformed to slaves if they failed to fulfil their insisted on judicial approval, and only for repeated filial duties. non-filial behaviour. The son who denied his father In addition, it was mentioned that, in order to was penalized by having his front hair shorn at an perpetuate his art, a craftsman even used to adopt early age, a slave-mark placed on him, and he could a son and he profited from his son’s labour. If he be sold as a slave; when he had his front hair shorn failed to teach the craft to his son, the son may sue if he denied his mother, he was pushed around the him and annul the contract. This was a form of town as an example and expelled. apprenticeship, and it is not clarified in any record Paulissian (1999:5-34) claimed that in ancient if any filial relationship existed with the apprentice. Mesopotamia there was a problem of keeping these Hasson & Shobha : Adoption in Mesopotamia and Levant between the third and First Millennia 85 abandoned and orphaned children, although for rights to recover him/her because of potential reasons other than illegitimacy. The key causes abrogation. In general, the question of adoptive of the abandonment and orphaning of infants and parent succession and the essence of the rights held children were hunger, constant warfare, famine, by natural parents are discussed in the adoption and disease. To protect the rights and interests contract. Although Children in Babylon used to of both adopters and adoptees alike, the ancient take their rights by consent as mentioned earlier, Mesopotamians wrote laws and developed social there was no confirmation that those rights would customs and traditions. Witnesses have registered be equal to those guaranteed to a natural child. and authenticated the adoption arrangement and have sealed it on tablets. Adoption Agreement or Contract To a large degree, for reasons similar to those Adoption was accomplished using a formal present today, Assyrians and Babylonians were arrangement between the adopter and the adopted inspired to adopt. Adoption was most commonly child’s natural parents or guardians. This was aimed at providing an heir to a childless couple who known as a son-ship tablet or a sealed tablet. A son had lost the hope of producing their children. But was required to enter into an arrangement with the it was also possible to legally dissolve a marriage adoptive parent(s) in situations where the adoptee that failed to produce a male heir or to take a second was an adult and was able to decide. An official scribe wife to bear a son. registered an adoption tablet, witnessed by other The adoption of a stranger’s child as an heir was parties, and then sealed it. Although such provisions a traditional practice in Babylon as well. Adoption differed to fit individual circumstances, there was not primarily motivated by the desire to acquire were other provisions similar to most agreements, a male heir who would keep the name of the family. including the adoption declaration which usually The desire of adoptive parents to have a son, who appeared as follows: the (name of) Adopter takes would support them in their old age and perform the the (name of) adopted from his parents or guardian religious rites needed upon their death, was another in the adoption status of the adopted child whether common motivation. In other cases, to ensure the he or she is considered to be the chief heir (eldest continuity of the family business, a craftsman might son) or not; whether parents in the future produce adopt a male heir for an apprenticeship. their natural children who are to be identified as the Children’s adoption was also popular among chief heir (Ellis:1975:79-80). the Royal Palace eunuchs and women committed Furthermore, there was a provision in some to religious celibacy.