Foster care is a system in which a minor has been placed into a ward, group home, or private home of a state-certified caregiver, referred to as a "foster parent" or with a family member approved by the state. The placement of the child is arranged through the government or a social service agency; the institution, group home or foster parent is compensated for expenses unless with a family member. The State, via the family court and child protective services agency, stand in loco parentis to the minor, making all legal decisions while the foster parent is responsible for the day-to-day care of the minor. A little more than a quarter of all foster children are placed in the care of relatives. Most kinship care is done informally, without the involvement of public organization. However, in the U. S. formal kinship care is common. In 2012, a quarter of all children in formal foster care were placed with relatives instead of being placed into the system. In Australia foster care was known as "boarding-out".
Foster care had its early stages in South Australia in 1866 and stretched to the second half of the 19th century. It is said that the system was run by women until the early 20th century; the control was centered in many state children's departments. "Although boarding-out was implemented by nongovernment child rescue organizations, many large institutions remained. These institutions assumed an increasing importance from the late 1920s when the system went into decline." The system was re-energized in the postwar era, in the 1970s. The system is still the main structure for "out-of-home care." The system took care of both foreign children. "The first adoption legislation was passed in Western Australia in 1896, but the remaining states did not act until the 1920s, introducing the beginnings of the closed adoption that reached it peak in the period 1940–1975. New baby adoption dropped from the mid-1970s, with the greater tolerance of and support for single mothers". Foster care in Cambodia is new as an official practice within the government.
However, despite a start, the practice is making great strides within the country. Left with a large number of official and unofficial orphanages from the 1990s, the Cambodian government conducted several research projects in 2006 and 2008, pointing to the overuse of orphanages as a solution for caring for vulnerable children within the country. Most notably, the studies found that the percentage of children within orphanages that had parents approached 80%. At the same time, local NGOs like Children In Families began offering limited foster care services within the country. In the subsequent years, the Cambodian government began implementing policies that required the closure of some orphanages and the implementation of minimum standards for residential care institutions; these actions lead to an increase in the number of NGOs providing foster care placements and helped to set the course for care reform around the country. As of 2015, the Cambodian government is working with UNICEF, USAID, several governments, many local NGOs in continuing to build the capacity for child protection and foster care within the Kingdom.
Foster children in Canada are known as permanent wards. A ward is someone, in this case a child, placed under protection of a legal guardian and are the legal responsibility of the government. Census data from 2011 counted children in foster care for the first time, counting 47,885 children in care; the majority of foster children – 29,590, or about 62 per cent – were aged 14 and under. The wards remain under the care of the government until they "age out of care." All ties are severed from the government and there is no longer any legal responsibility toward the youth. This age is different depending on the province. In December 2013, the Israeli Knesset approved a bill co-drafted by the Israel National Council for the Child to regulate the rights and obligations of participants in the foster care system in Israel. In Japan, foster care started around 1948; the idea of foster care or taking in abandoned children came about around 1392-1490s in Japan. The foster care system in Japan is similar to the Orphan Trains because Brace thought the children would be better off on farms.
The people in Japan thought the children would do better on farms rather than living in the "dusty city." The families would send their children to a farm family outside the village and only keep their oldest son. The farm families served as the foster parents and they were financially rewarded for taking in the younger siblings. "It was considered an honor to be chosen as foster parents, selection depended on the family's reputation and status within the village". Around 1895 the foster care program became more like the system used in the United States because the Tokyo Metropolitan Police sent children to a hospital where they would be "settled". Problems emerged in this system, such as child abuse, so the government started phasing it out and "began increasing institutional facilities". In 1948 the Child Welfare Law was passed, increasing official oversight, creating better conditions for the children to grow up in. In the United Kingdom, foster care and adoption has always been an option, "in the sense of taking other people's children into their homes and looking after them on a permanent or temporary basis."
Although, nothing about it had a legal foundation, until the 20th century. The UK had "wardship," the family taking in the child had custody by the Chancery Court. Wardship was not used often because it did not give the guardian "parental rights." In the 19th century
A sham marriage or fake marriage is a marriage of convenience entered into purely for the purpose of gaining a benefit or other advantage arising from that status. While referred to as a "sham" or "fake" because of its motivation, the union itself is still valid if it conforms to the formal legal requirements for marriage in that country. Arranging or entering into such a marriage to deceive public officials is itself a separate violation of the law of some countries. In the United States, sham marriage for purposes of immigration fraud is a felony. After a period, a couple divorces if the marriage is no longer necessary or useful. Sham marriages are distinct from marriage fraud, a type of romance scam, in which one spouse is unwittingly taken advantage of by the foreign spouse who feigns romantic interest in order to obtain a residence permit or for money. Common reasons for sham marriages are to gain immigration, work or citizenship rights for one or both of the spouses, or for other benefits.
There have been cases of people entering into a sham marriage to avoid suspicion of homosexuality or bisexuality. For example, Hollywood studios had requested homosexual actors, such as Rock Hudson, to conceal their homosexuality in a so-called lavender marriage. Since the introduction of stricter modern immigration laws in First World countries, sham marriages have become a common method to allow a foreigner to reside, gain citizenship, in the more desirable country of the spouse; the couple marries with knowledge that the marriage is for the purpose of obtaining the favorable immigration status. This is arranged as a business transaction and occurs more with foreigners in the country. United States immigration law considers this to be fraudulent, imposing a penalty of a $250,000 fine and five-year prison sentence on the citizen, deportation of the foreigner, for such marriages not made in good faith; the INS and the Justice Department say that they do not have accurate numbers on the rate of attempted marriage fraud.
In the 2009 fiscal year, 506 of the 241,154 petitions filed were denied for suspected fraud, a rate of less than 0.09%. The UK Border Agency issued guidance to clergy in April 2011 to help prevent weddings for visas. English and Welsh clergy may perform a marriage, according to the law there, they have been advised not to offer to publish banns for any marriage which involves someone from outside Europe. Instead, the couple will be asked to apply for a license and if a member of the clergy is not satisfied that a marriage is genuine, they must make that clear to the person responsible for granting the licence. In Ireland in August 2010, it was claimed that sham marriages account for one in six marriages, residency status in the European Union and circumventing immigration rules. Definitions of sham marriage vary by jurisdiction, but are related to immigration. According to a 2013 Home Office document in the UK: "A sham marriage, or marriage of convenience, or a sham civil partnership describes a marriage or civil partnership entered into for immigration advantage by two people who are not a genuine couple.
A sham marriage or civil partnership is to be distinguished from a marriage or civil partnership entered into by a genuine couple where it may be convenient for immigration or other reasons for the couple to be married or civil partners."In Canada, legislation on sham marriages has been strengthened in 2012. Yet, there has been continuous controversy regarding the issue; the Canadian officials have been accused both of being too harsh and harassing couples and of being too lenient in deciding what is a genuine relationship. In addition, there have been objections to the policy from women's organizations who have argued that the new policy which requires the sponsor and the new spouse to live in a "genuine relationship" for two years endangers women who are victims of domestic violence. Although there is an exception to this rule in cases of abuse, the policy has been accused of being too weak. Arranged marriage Beard Green Card —in which a fake marriage is the main plot The Proposal —a romantic comedy set around what is a fake marriage Heqin Hollywood marriage—including marriages entered into and promoted for their publicity value Mail-order bride—often involving brides wishing to get immigration access to a mate's country Mariage blanc—a marriage without consummation Marriage of convenience—of which "sham" marriages are a subgroup See Oscar Alvarez vs.
Canadian Immigration U. S. Diplomatic Security Service —See Investigations Section—Passport and Visa fraud Void marriage—an attempted marriage which does not meet the legal requirements for a marriage Academic article on political discourse & policies on forced and fraudulent marriages in the Netherlands: Bonjour&De Hart 2013, "A proper wife, a proper marriage. Constructions of'us' and'them' in Dutch family migration policy", European Journal of Women's Studies Academic article providing two telling examples of the fear of and resort to sham marriage in eighteenth-century England. Castro Santana, A. "Sham Marriages and Proper Plots: Henry Fielding's Shamela and Joseph Andrews". English Studies 96: 636–653
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
Hague Convention on the Civil Aspects of International Child Abduction
The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law that provides an expeditious method to return a child internationally abducted by a parent from one member country to another. The Convention was concluded 25 October 1980 and entered into force between the signatories on 1 December 1983; the Convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence. The primary intention of the Convention is to preserve whatever status quo child custody arrangement existed before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic court; the Convention applies only to children under the age of 16. As of March 2019, 100 states are party to the convention.
In 2019, Guyana acceded to the convention. The convention does not alter any substantive rights; the convention requires that a court in which a Hague Convention action is filed should not consider the merits of any underlying child custody dispute, but should determine only that country in which those issues should be heard. Return of the child is to the member country rather than to the left-behind parent; the convention requires the return of a child, a "habitual resident" in a contracting party before an action that constitutes a breach of custody or access rights. The convention provides that all contracting states, as well as any judicial and administrative bodies of those contracting states, "shall act expeditiously in all proceedings seeking the return of a children" and that those institutions shall use the most expeditious procedures available to the end that final decision be made within six weeks from the date of commencement of the proceedings; the Convention provides that the retention of a child is "wrongful" whenever: a.
It is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident before the removal or retention. These rights of custody may arise by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of the country of habitual residence. From the Convention's standpoint, the removal of a child by one of the joint holders without the consent of the other, is... wrongful, this wrongfulness derives in this particular case, not from some action in breach of a particular law, but from the fact that such action has disregarded the rights of the other parent which are protected by law, has interfered with their normal exercise. The Convention mandates return of any child, "habitually resident" in a contracting nation before an action that constitutes a breach of custody; the Convention does not define the term "habitual residence," but it is not intended to be a technical term.
Instead, courts should broadly read the term in the context of the Convention's purpose to discourage unilateral removal of a child from that place in which the child lived when removed or retained, which should be understood as the child's "ordinary residence." The child's "habitual residence" is not determined after the incident alleged to constitute a wrongful removal or retention. A parent cannot unilaterally create a new habitual residence by wrongfully removing or sequestering a child; because the determination of "habitual residence" is a "fact based" determination and not one, encumbered by legal technicalities, the court must look at those facts, the shared intentions of the parties, the history of the children's location and the settled nature of the family prior to the facts giving rise to the request for return. The Convention provides special rules for admission and consideration of evidence independent of the evidentiary standards set by any member nation. Article 30 provides that the Application for Assistance, as well as any documents attached to that application or submitted to or by the Central Authority are admissible in any proceeding for a child's return.
The Convention provides that no member nation can require legalization or other similar formality of the underlying documents in context of a Convention proceeding. Furthermore, the court in which a Convention action is proceeding "may take notice directly of the law of, of judicial or administrative decisions, formally recognized or not in the State of habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable" when determining whether there is a wrongful removal or retention under the Convention; the Convention limits the defenses against return of a wrongfully removed or retained child. To defend against the return of the child, the defendant must establish to the degree required by the applicable standard of proof: that Petitioner was not "actually exercising custody rights at the time of the removal or retention" under Article 3.
In the context of human society, a family is a group of people related either by consanguinity, affinity, or co-residence or some combination of these. Members of the immediate family may include spouses, brothers, sisters and daughters. Members of the extended family may include grandparents, uncles, nephews and siblings-in-law. Sometimes these are considered members of the immediate family, depending on an individual's specific relationship with them. In most societies, the family is the principal institution for the socialization of children; as the basic unit for raising children, anthropologists classify most family organizations as matrifocal. Sexual relations among the members are regulated by rules concerning incest such as the incest taboo; the word "family" can be used metaphorically to create more inclusive categories such as community, global village, humanism. The field of genealogy aims to trace family lineages through history; the family is an important economic unit studied in family economics.
One of the primary functions of the family involves providing a framework for the production and reproduction of persons biologically and socially. This can occur through the sharing of material substances. Thus, one's experience of one's family shifts over time. From the perspective of children, the family is G "family of orientation": the family serves to locate children and plays a major role in their enculturation and socialization. From the point of view of the parent, the family is a "family of procreation", the goal of, to produce and enculturate and socialize children. However, producing children is not the only function of the family. Christopher Harris notes that the western conception of family is ambiguous and confused with the household, as revealed in the different contexts in which the word is used. Olivia Harris states this confusion is not accidental, but indicative of the familial ideology of capitalist, western countries that pass social legislation that insists members of a nuclear family should live together, that those not so related should not live together.
The total fertility rate of women varies from country to country, from a high of 6.76 children born/woman in Niger to a low of 0.81 in Singapore. Fertility is low in most Eastern Southern European countries. In some cultures, the mother's preference of family size influences that of the children through early adulthood. A parent's number of children correlates with the number of children that they will have. Although early western cultural anthropologists and sociologists considered family and kinship to be universally associated with relations by "blood" research has shown that many societies instead understand family through ideas of living together, the sharing of food and sharing care and nurture. Sociologists have a special interest in the function and status of family forms in stratified societies. According to the work of scholars Max Weber, Alan Macfarlane, Steven Ozment, Jack Goody and Peter Laslett, the huge transformation that led to modern marriage in Western democracies was "fueled by the religio-cultural value system provided by elements of Judaism, early Christianity, Roman Catholic canon law and the Protestant Reformation".
Much sociological and anthropological research dedicates itself to the understanding of this variation, of changes in the family that form over time. Levitan claims: "Times have changed; the way roles are balanced between the parents will help children grow and learn valuable life lessons. There is great importance of communication and equality in families, in order to avoid role strain." The term "nuclear family" is used in the United States of America, to refer to conjugal families. A "conjugal" family includes only the unmarried children who are not of age; some sociologists distinguish between nuclear families. Other family structures - with blended parents, single parents, domestic partnerships - have begun to challenge the normality of the nuclear family. A single-parent family consist one parent together with his or her children, where the parent is either widowed and not remarried, or never married; the parent may either have sole custody of the children, or, the parents may have a shared parenting arrangement, where the children divide their time between two different single-parent families or between one single-parent family and one blended family.
Child-selling is the practice of selling children by parents, legal guardians, or subsequent masters or custodians. After a sale, when the subsequent relationship with the child is non-exploitative, the usual purpose of child-selling is to permit adoption. Georgia Tann, of Memphis, was employed by the Tennessee Children's Home Society. According to reporter Barbara Bisantz Raymond, Tann, in 1924–1950, stole many children and sold 5,000 children, most or all of them white; the children were adopted by families in exchange for substantial fees and processed the adoptions without investigating adoptive parents except for their wealth. Amounts charged for adoptions ranged from $700 to $10,000 when "reputable agencies... nothing". Tann, in a 1944 speech accusing others of unlicensed adoption placements, did not admit selling children herself. According to Raymond, Tann made adoption acceptable; when the first U. S. state adoption law was passed in 1851, adoption was "not popular". Early in the 20th century, adoption was "rare".
Low-income birth parents from whom children were taken were considered genetically inferior, the children, considered adoptable, were considered therefore genetically tainted. Before Tann's work, indenture was applied to some children with the duties to educate the children and to provide them with land scarcely enforced, the Orphan Train Project gathered children and transported them for resettlement under farmers needing labor, using a procedure akin to a slave auction; some children's custody was changed "through secretive means" between sets of parents, some willing and some unaware. Baby farms, where many children were murdered, sold children for up to $100 each. Tann disagreeing with the prevailing view, argued that children were "blank slates", thus free of the sin and genetic defects attributable to their parents, thus making adoption appealing, thus providing a way for children who might otherwise have been dead to survive and receive care, her waiting lists including much of the U.
S. Canada, South America. One person adopted through the Tennessee Children's Home Society was wrestler Ric Flair. Brokers who sold babies were found in Ga. and Wichita, Kans.. A sale by a midwife occurred in La.. A child was sold twice on one train ride, one "father... traded his unborn daughter for a poker debt."In 1955–1956, passage of U. S. Federal legislation to ban baby-selling failed; the libertarian US economist Murray Rothbard wrote in his book'Ethics of Liberty', that parents should have the right to put a child out for adoption or sell the rights to the child in a voluntary contract. Rothbard suggested selling children as consumer goods in accordance with market forces, would benefit "everyone" involved in the market: "the natural parents, the children, the foster parents. In Rothbard's view, "the parent should not have a legal obligation to feed, clothe, or educate his children, since such obligations would entail positive acts coerced upon the parent and depriving the parent of his rights."
Thus, parents should have the legal right to let any infant die by starvation. However, since "the purely free society will have a flourishing free market in children" he wrote, "the existence of a free baby market will bring such'neglect' down to a minimum". In 1997–2001, Lauryn Galindo "made $8 million by arranging eight hundred adoptions of Cambodian children by unwitting Americans", one being Angelina Jolie. For Galindo, baby buyers taxi drivers and orphanage managers, offered low-income mothers money or rice for children, whom Galindo claimed were orphans and for whom adopting families paid around $11,000 in fees. Galindo, saying she intended "to save children from desperate circumstances" and that she felt she acted "with the highest integrity", was convicted in the U. S. and sentenced to a half in prison. Lawrence Stone reported some attempted sales of children accompanying wives sold by husbands to new husbands, one in 1815 and another discussed in 1763. Historian E. P. Thompson reported a sale of two children with a sale of a wife to an American in 1865 for £25 per child.
In atypical cases, a wife and four children were sold for a shilling each to preclude an expulsion to be forced by poor law officials, a wife and child, born after she started living with her lover but before the sale, were sold. In another case, a wife and baby about a year old were sold at an auction, where the selling husband said, "ome on wi' yer bids, if yer gies me a good price fer the ooman, I'll gie yer the young kid inter the bargain.... I'll tell thee wot, Jack... if thee't mak it up three gallons o' drink, her's thine, I'll ax thee naught fer the babby, an' the halter's worth a quart. Come, say shillins!" In various cases, when wife sales split families, it appears that the youngest children go with mothers and older children go with fathers. Procedures for selling children were like those for selling wives when they relied on the contractual method if the contract was not enforceable. In 964, there was "'a great and insufferable famine' in which men sold their sons and daughters into slavery in return for food....
The practice of selling children is referred to in 1116 and... they were sold into areas remote from their homes."Legal adoption was introduced to Ireland by the passage of the
Adoption is an process whereby a person assumes the parenting of another a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfers all rights and responsibilities, along with filiation, from the biological parent or parents. In many jurisdictions the adopted person's full original birth certificate is cancelled and replaced with a fabricated post-adoption birth certificate which states that the child was born to the adoptive parents; this deception, where carried out, may continue with the adopted person for life and can be the cause for many well documented traumas experienced by the adopted person, including loss of identity, family history, biological family, family medical history and records, increased risk of suicide, incarceration, PTSD, anxiety. Unlike guardianship or other systems designed for the care of the young, adoption is intended to affect a permanent change in status and as such requires societal recognition, either through legal or religious sanction.
Some societies have enacted specific laws governing adoption. Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. Adoption for the well-born While the modern form of adoption emerged in the United States, forms of the practice appeared throughout history; the Code of Hammurabi, for example, details the rights of adopters and the responsibilities of adopted individuals at length. The practice of adoption in ancient Rome is well documented in the Codex Justinianus. Markedly different from the modern period, ancient adoption practices put emphasis on the political and economic interests of the adopter, providing a legal tool that strengthened political ties between wealthy families and created male heirs to manage estates; the use of adoption by the aristocracy is well documented. Adrogation was a kind of Roman adoption. Infant adoption during Antiquity appears rare. Abandoned children were picked up for slavery and composed a significant percentage of the Empire's slave supply.
Roman legal records indicate that foundlings were taken in by families and raised as a son or daughter. Although not adopted under Roman Law, the children, called alumni, were reared in an arrangement similar to guardianship, being considered the property of the father who abandoned them. Other ancient civilizations, notably India and China, used some form of adoption as well. Evidence suggests the goal of this practice was to ensure the continuity of cultural and religious practices. In ancient India, secondary sonship denounced by the Rigveda, continued, in a limited and ritualistic form, so that an adopter might have the necessary funerary rites performed by a son. China had a similar idea of adoption with males adopted to perform the duties of ancestor worship; the practice of adopting the children of family members and close friends was common among the cultures of Polynesia including Hawaii where the custom was referred to as hānai. Adoption and commoners The nobility of the Germanic and Slavic cultures that dominated Europe after the decline of the Roman Empire denounced the practice of adoption.
In medieval society, bloodlines were paramount. The evolution of European law reflects this aversion to adoption. English Common Law, for instance, did not permit adoption since it contradicted the customary rules of inheritance. In the same vein, France's Napoleonic Code made adoption difficult, requiring adopters to be over the age of 50, older than the adopted person by at least 15 years, to have fostered the adoptee for at least six years; some adoptions continued to occur, but became informal, based on ad hoc contracts. For example, in the year 737, in a charter from the town of Lucca, three adoptees were made heirs to an estate. Like other contemporary arrangements, the agreement stressed the responsibility of the adopted rather than adopter, focusing on the fact that, under the contract, the adoptive father was meant to be cared for in his old age. Europe's cultural makeover marked a period of significant innovation for adoption. Without support from the nobility, the practice shifted toward abandoned children.
Abandonment levels rose with the fall of the empire and many of the foundlings were left on the doorstep of the Church. The clergy reacted by drafting rules to govern the exposing and rearing of abandoned children; the Church's innovation, was the practice of oblation, whereby children were dedicated to lay life within monastic institutions and reared within a monastery. This created the first system in European history in which abandoned children did not have legal, social, or moral disadvantages; as a result, many of Europe's abandoned and orphaned children became alumni of the Church, which in turn took the role of adopter. Oblation marks the beginning of a shift toward institutionalization bringing about the establishment of the foundling hospital and orphanage; as the idea of institutional care gained acceptance, formal rules appeared about how to place children into families: boys could become apprenticed to an arti