Övladlığa götürmə və onun qanun üzrə vərəsəliyə təsiri

The institution of adoption occupies a central place in both historical and contemporary family law systems as a mechanism for preserving family continuity and social order. In Ancient Rome, adoption served as a key instrument of the patriarchal family structure and was divided into two principal forms: adrogatio and adoptio. By adrogatio, a fully empowered pater familias could, with public approval (either by the popular assembly or, in the Imperial period, by rescript), be transferred into the authority of another family’s head. By adoptio, carried out via a formal judicial agreement, both male and female children were legally incorporated under the new pater familias’ patria potestas. Under Justinian’s reforms, these procedures were simplified, the rights of the adoptee over property and the adoptive parent’s responsibilities were more clearly defined, and — under certain conditions — women gained the right to adopt. In the Republic of Azerbaijan, adoption is governed primarily by the Family Code and related normative acts. The procedure unfolds in three stages: registration of prospective adoptive parents; evaluation of the child’s best interests by qualified social workers; and issuance of a court decision. Prospective parents’ socio economic status, housing conditions, criminal history, health, and psychological fitness are all rigorously examined. The resulting inheritance rights of adoptees and the preservation of their relationship with biological parents are also expressly regulated: adoptees may become heirs of the adoptive family, yet under certain circumstances retain specific rights in relation to their biological parents. Thus, adoption has historically ensured family continuity and social cohesion, and today functions as a comprehensive legal mechanism safeguarding children’s protection, rights, and welfare. Keywords: adoption, marriage, kinship, adrogatio, adoptio, heir, compulsory portion, biological parents, family.

Authors

Publication Details

Journal
Azerbaijani Lawyer Journal
Published
2025-09-23
DOI
https://doi.org/10.61638/miuz5640
Primary Topic
Intergenerational Family Dynamics and Caregiving
Type
article
Field-Weighted Citation Impact
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article

Övladlığa götürmə və onun qanun üzrə vərəsəliyə təsiri

Shukur Yusifov
Azerbaijani Lawyer Journal
Intergenerational Family Dynamics and Caregiving
article

Övladlığa götürmə və onun qanun üzrə vərəsəliyə təsiri

Shukur Yusifov
article en

Abstract

The institution of adoption occupies a central place in both historical and contemporary family law systems as a mechanism for preserving family continuity and social order. In Ancient Rome, adoption served as a key instrument of the patriarchal family structure and was divided into two principal forms: adrogatio and adoptio. By adrogatio, a fully empowered pater familias could, with public approval (either by the popular assembly or, in the Imperial period, by rescript), be transferred into the authority of another family’s head. By adoptio, carried out via a formal judicial agreement, both male and female children were legally incorporated under the new pater familias’ patria potestas. Under Justinian’s reforms, these procedures were simplified, the rights of the adoptee over property and the adoptive parent’s responsibilities were more clearly defined, and — under certain conditions — women gained the right to adopt. In the Republic of Azerbaijan, adoption is governed primarily by the Family Code and related normative acts. The procedure unfolds in three stages: registration of prospective adoptive parents; evaluation of the child’s best interests by qualified social workers; and issuance of a court decision. Prospective parents’ socio economic status, housing conditions, criminal history, health, and psychological fitness are all rigorously examined. The resulting inheritance rights of adoptees and the preservation of their relationship with biological parents are also expressly regulated: adoptees may become heirs of the adoptive family, yet under certain circumstances retain specific rights in relation to their biological parents. Thus, adoption has historically ensured family continuity and social cohesion, and today functions as a comprehensive legal mechanism safeguarding children’s protection, rights, and welfare. Keywords: adoption, marriage, kinship, adrogatio, adoptio, heir, compulsory portion, biological parents, family.

Azerbaijani Lawyer JournalVol. 26(2)
Openalex Percentile: Top 66%
Intergenerational Family Dynamics and Caregiving
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