[ULPIANUS libro uicensimo sexto ad Sabinum. ] §1.7.17.prNec ei permittitur adrogare, qui tutelam uel curam alicuius administrauit, si minor uiginti quinque annis sit qui adrogatur, ne forte eum ideo adroget, ne rationes reddat.
[ULPIANUS in the twenty-sixth book on Sabinus.] Nor is he permitted to adrogate who has administered the guardianship or curatorship of someone, if the person who is being adrogated is under twenty-five years of age, lest perhaps he might adrogate him for this reason, namely, that he might not render accounts.
item inquirendum est, ne forte turpis causa adrogandi subsit.
Likewise, it must be investigated lest perhaps some improper motive for adrogation lies underneath.
§1.7.17.1Eorum dumtaxat pupillorum adrogatio permittenda est his, qui uel naturali cognatione uel sanctissima affectione ducti adoptarent, ceterorum prohibenda, ne esset in potestate tutorum et finire tutelam et substitutionem a parente factam extinguere.
The adrogation of only those wards should be permitted to persons who, led either by natural relationship or by the most sacred affection, would adopt; that of the others should be prohibited, lest it should be in the power of the guardians both to terminate the guardianship and to extinguish the substitution made by the parent.
§1.7.17.2Et primum quidem excutiendum erit, quae facultates pupilli sint et quae eius, qui adoptare eum uelit, ut aestimetur ex comparatione earum, an salubris adoptio possit pupillo intellegi: deinde cuius uitae sit is, qui uelit pupillum redigere in familiam suam: tertio cuius idem aetatis sit, ut aestimetur, an melius sit de liberis procreandis cogitare eum quam ex aliena familia quemquam redigere in potestatem suam.
And first of all, indeed, it will have to be examined what the resources of the ward are and what those of the person who wishes to adopt him, so that it may be estimated from a comparison of them whether a beneficial adoption can be understood for the ward; secondly, of what character of life he is who wishes to bring the ward into his family; thirdly, of what age the same person is, so that it may be estimated whether it is better for him to think about procreating children than to bring anyone from another family into his power.
§1.7.17.3Praeterea uidendum est, an non debeat permitti ei, qui uel unum habebit uel plures liberos, adoptare alium, ne aut illorum, quos iustis nuptiis procreauerit, deminuatur spes quam unusquisque liberorum obsequio paret sibi, aut qui adoptatus fuit minus percipiat quam dignum erit eum consequi.
In addition, it must be considered whether it ought not to be permitted to one who has either one or several children to adopt another, lest either the hope of those whom he has procreated in lawful wedlock, which each of the children prepares for himself by obedience, should be diminished, or the one who has been adopted should receive less than it will be fitting for him to obtain.
§1.7.17.4Interdum et ditiorem permittetur adoptare pauperiori, si uitae eius sobrietas clara sit uel affectio honesta nec incognita.
Sometimes even a wealthier person will be permitted to adopt for a poorer one, if the sobriety of his life is clear or his affection is honorable and not unknown.
§1.7.17.5Satisdatio autem in his casibus dari solet.
Moreover, security is accustomed to be given in these cases.