Legal Definitions - adrogate

Adrogate

In ancient Roman law, adrogate refers to a specific legal process where a man adopted another individual who was already legally independent and not under the parental authority (patria potestas) of another father. This was distinct from other forms of adoption, which typically involved transferring a child from one father's authority to another's. Through adrogation, the adopted person, along with any property they owned, would come under the legal control of the adopting father.

Here are some examples:

• Imagine a wealthy Roman citizen named Lucius, who is advanced in years and has no biological children. He wishes to ensure his family name and estate are passed on. He identifies a respected, independent adult man named Marcus, whose own father has passed away, making Marcus legally autonomous. Lucius could adrogate Marcus, bringing Marcus and his existing assets under Lucius's legal authority and making him Lucius's legal heir. This illustrates adrogation because Marcus was already a legally independent adult, not under another father's power.

• Consider a prominent Roman general, Gaius, who has achieved great military success but lacks an heir to continue his legacy and manage his vast properties. He decides to adopt a younger, accomplished man named Quintus, who is an orphan and therefore not under any other father's power. By adrogating Quintus, Gaius formally makes Quintus his son and heir, transferring Quintus's legal independence and any property he possesses to Gaius's control. This demonstrates adrogation as Quintus was not subject to another's parental authority.

• A Roman senator, Publius, has tragically lost his own sons and is concerned about the future of his family's political influence and religious duties. He has an adult nephew, Tiberius, whose father (Publius's brother) has died, making Tiberius legally independent. Publius could choose to adrogate Tiberius. This act would legally establish Tiberius as Publius's son, placing him under Publius's parental authority and ensuring the continuity of the family's public role. This is an example of adrogation because Tiberius was already a legally independent individual before the adoption.