# Institutes of Gaius 1.1.135-142

Roman Law and Society, Institutes of Gaius, 1.1.135 to 1.1.142. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/1.1.135

(100) Adoption by the people can only take place at Rome; and the other usually takes place in the provinces before the governors of the same. (101) The better opinion is that women cannot be adopted by the voice of the people; but women may be adopted in the tribunal of the Prætor at Rome, or in the provinces in the tribunal of the proconsul or the lieutenant. (102) The adoption of a child under the age of puberty by the vote of the people was at one time forbidden, and at another permitted; but at present, by the Epistle of the Emperor Antoninus addressed to the pontiffs, it is allowed under certain conditions, if there seems to be good cause for the adoption. We can, however, adopt persons of any age in the tribunal of the Prætor at Rome, or in the provinces in that of the proconsul, or the lieutenant. (103) It is a rule common to both kinds of adoption that persons who are incapable of begetting children, such as eunuchs, can adopt. (104) Women, however, cannot in any way adopt other persons, for the reason that they cannot exercise authority even over their natural children. (105) Likewise, if anyone adopts another, either by the vote of the people, or by the consent of the Prætor or the governor of a province, he can give the son whom he has adopted in adoption to another. (106) It is a question, however, with reference to both forms of adoption, whether a person can adopt another who is older than himself. (107) It is peculiar to that kind of adoption which takes place by the vote of the people, that if he who gives himself to be arrogated has children under his control, he will not only himself be subject to the authority of the arrogator, but his children will also be under the control of the latter, as grandchildren.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
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