Author: * Meshullom Ben Judah -
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Date: Apr 12, 2004 - 21:55
Adoption as practiced in modern society means the removal of all rights and responsibilities of the biological parent, and their transfer to another couple or individual. For all intents and purposes, the child's biological lineage is broken. This procedure has its roots in ancient Roman law, where the concern was finding an heir for a childless couple.
In contrast, British common law, coming from a society that placed great emphasis on lineage, bloodlines, and class, never developed an adoption procedure, To illustrate this point, suppose Prince Charles and Princess Diana adopted a baby boy; he certainly would not be in line for the throne.
Jewish law is far closer to British common law than to ancient Roman law. In Judaism, personal status is based on bloodlines and lineage, the moment of birth gives a Jew his or her identity. No legal procedure or court decree can erase that identity.
This emphasis on bloodlines has serious consequences for adoption in Jewish law. For example, the status of the birth mother as Jew or gentile at the moment of birth establishes the identity of the child as Jewish or gentile. If the mother is Jewish, then the father's tribal status as a Cohain, Levi, or Yisrael decides the child's tribe. If a Jewish woman became pregnant as a result of adultery or incest, the child would take on the status of a momzer (bastard), and traditional Jewish law would forbid such a person from marrying a Jew of legitimate birth.
The status of the mother at the moment of birth decides the requirement of a pidyon haben (redemption of the first born). The child is forbidden to marry certain paternal and maternal relatives, all based on the status at birth. No formal legal act can change this status. Jewish couples contemplating adoption should find out the status of the birthparents, particularly the birth mother. If she was Jewish, there is some concern regarding the possibility the child may be a momzer, particularly if the birth father is unknown. This could affect the child's ability to eventually marry into the traditional community. This is the reason many orthodox rabbis have counseled couples to adopt a child born of a gentile birth mother. A couple will also need to determine whether the child is a cohain, levi, or yisrael, and whether the child requires a pidyon haben.
Even among less traditional Jews, it is important to have some documentation, preferably from a rabbi, as to the birth mother's Jewish status. Such documentation can become vital, particularly if the child wishes to move to Israel or marry someone orthodox.
If a child is born of a gentile birth mother, these issues do not arise. However, the child will need formal conversion to Judaism. This includes bris milah or a symbolic bris for a boy, and immersion in a kosher mikvah for both a boy and girl. Most rabbis prefer to arrange the conversion at a very young age, even infancy, long before the child has understanding as to what is happening. The Talmud questions why the rabbis have the right to convert a child before the age of consent.
The answer is based on the Talmudic principle, zachin leadam shelo befanav, "we can act to someone's advantage even without their permission." However, at the age of Bar/Bat Mitzvah, the child has the right either to reaffirm or to protest the conversion. Many rabbis see the Bar/Bat Mitzvah ceremony itself as a reaffirmation, thus giving it special significance for an adopted child.
The problem today is that rabbis of various movements differ on the requirements for conversion of an adopted child born of a non-Jewish birth mother. Many orthodox rabbis will only arrange a conversion if the adoptive parents have made a commitment to Jewish observance, including observance of the Shabbat and the dietary laws and a yeshiva education for the child. Many of these same rabbis will not recognize conversions performed by non-orthodox rabbis. Often they control the community mikvah, and will not permit its use for any non-orthodox conversions.
All Orthodox and Conservative rabbis, and many Reconstructionist and Reform rabbis require formal conversion in a mikvah. However, other Reform and Reconstructionist rabbis say that a naming ceremony without immersion is sufficient. These children will run into difficulty if they someday choose to join a Conservative or Orthodox synagogue, marry a more traditional Jew, or move to Israel.
Therefore, adoption touches the heart of the divisive "Who is a Jew" issue, with many rabbis not recognizing the Jewishness of many adopted children. Parents who want a traditional conversion, particularly if they are not strictly observant, may find it difficult to find a rabbi to supervise that conversion.
Even after conversion, there are a number of halakhic issues. For example, may an adopted boy use his adoptive father's name, or must he be called (name) ben Avraham AVINU like an adult convert. Most authorities permit the father's name to be used, but some forbid it.
May a baby girl adopted and converted marry a cohain? Orthodox authorities forbid it, but Conservative and Reform rabbis permit it.
Does an adopted child have all the same obligations towards his or her adoptive parents as their own birth child? Are there obligations towards birth parents? Most authorities would equate the obligations of biological and adoptive children toward their adoptive parents. The questions of obligations to birth parents remain unanswered.
Halachic authority comes from the Committee on Jewish Laws and Standards. Halachic authority has been around since the beginning of Judaism, but most of these laws began codification in the 2nd century CE (Common Era) and were completed in the 5th century CE.
And in answer to BWAHAHAHAHAHAAA, Jesus would be considered a false and separate god to Jews and thus my original statement stands.
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