“II. If a son has said to his mother, ‘You are not my mother,’ one shall brand his forehead, drive him out of the city, and make him go out of the house.
“III. If a father has said to his son, ‘You are not my son,’ he shall leave house and yard.
“IV. If a mother has said to her son, ‘You are not my son,’ he shall leave house and property.
“V. If a wife hates her husband and has said, ‘You are not my husband,’ one shall throw her into the river.
“VI. If a husband has said to his wife, ‘You are not my wife,’ he shall pay half a mina of silver.
“VII. If a man has hired a slave and he dies, is lost, has fled, has been incapacitated, or has fallen sick, he shall measure out 10 ka of corn per diem as his wages.”[138]
From this it will be observed that if the son repudiates his parent, real or adoptive, he meets with a swift and heavy punishment. On the other hand, a father and mother have the power to drive the child out without any ceremony whatever. That such laws were the result of the disposition of foundling children is without question. We will see later that the Roman Empire in its endeavour to save the lives of children, was continually attempting legislative reforms for the purpose of giving men and women incentive to protect the helpless infant that had been deserted by its own parents.
Adoption was an ancient institution, and the rights of the man who adopted the infant were protected in order that he might be paid for the trouble and expense of his charge.[139]
The adoption of children in the Code of Hammurabi is the subject of much minute regulation. In the Code the endeavour to protect the father who picks up a child, is shown in paragraphs 185, 186, 187 and 188:
“185. If a man take in his name a young child as a son and rear him, one may not bring claim for that adopted son.