I support Paul on this. As genealogists, we need to know many disciplines
in order to do thorough research: geography for land records, economics for
determining standard of living, history for context, and law, among others.
The laws in effect at the time our ancestors lived regulated their lives
and determined the type of records they generated. Righfully understanding
how those laws affected them goes a long way towards understanding how they
lived.
Donald W. Moore, CG
Virginia Beach, Virginia
Original Message:
-----------------
From: Paul Drake [log in to unmask]
Date: Thu, 20 Oct 2005 08:42:18 -0500
To: [log in to unmask]
Subject: Re: Adoptions
For centuries, the word "adoption" has been used to describe any one of
many relationships within which one person or family undertook the care and
some greater or lesser measure of responsibility for a child of another
person.
For centuries, counties, churches and parishes farmed out children who had
no homes, and for as many centuries or more parents have given over
children to other families, there to live as servants, to learn such as the
"rule of three" and to be emancipated when they came of age or at some
other agreed number of years. Then too, though the legislatures had not
yet promulgated laws of adoption, a substantial body of case law developed
having to do with the treatment and rights of such kids. Finally, by
contract - bargain - many folks gave kids over to other families under
rules and requirements dreamed up by the families themselves.
Notice that only in the 20th Century have legislatures set forth a specific
design and attendant regulations through which courts declared that the
legal status of someone was so changed that from then on a person was a
part of another family just as though born thereto.
So, while records and censuses used the word "adoption" before 1912, the
careful researcher MUST look behind those words in order that the true
status and future of the child may be determined.
Paul
----- Original Message -----
From: [log in to unmask]
To: [log in to unmask]
Sent: Thursday, October 20, 2005 7:37 AM
Subject: Re: Adoptions
In a message dated 10/19/2005 8:55:59 PM Eastern Standard Time,
[log in to unmask] writes:
I am sorry, however, as stated, I believe the record will show that the
very
first court ordered adoption was in 1912 in Mass. I have no doubt that
your
uncles and MANY, MANY others have been "adopted" over the centuries if -
IF -
you mean by that term that a non-parent undertook to raise a child born to
someone else.
On the other hand, if you speak of a court ordered adoption as we NOW know
the term, I will stand by my statement that the first one in these United
States
was in 1912.
If you know of an earlier one, please let me have a court record citation
in
order that I may correct my book and the record.
Thanks. Paul
Paul
In Montgomery County, VA there is a small packet of papers marked
"Adoptions"
from the late 1790s and early 1800s. These are in the clerk's office,
loose
in the file drawers with criminal warrants and other miscellaneous
papers, not
in the court order books. However, upon reading these papers they are the
traditional indentures of orphans to those who could do those traditional
activities with them.
These documents were prepared by the Overseer of the Poor.
I would agree these are not traditional adoptions as we currently think of
them, but it does raise the question as to whether or not the term was
used (it
was) widely for indentures.
More questions than answers I realize.
Warm regards
Jeff Weaver
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