Adoption and Fosterage In Gaelic Culture v. 1.0

by Alix MacAnTsaoir

Family to the ancient Celtic peoples was (as it still is for us today) a central concept. Kinship ties were taken very seriously. One's land and inheritance, ability to contract and annul contracts, as well as liability for wrongs done were all influenced and determined by one's kinship group. Typically, this kinship group (derbfine) were four generation groupings descended from a common great-grandfather. Kin-land was the responsibility of all and could not be sold without permission of kin. Under certain circumstances, contracts could be annulled by kin and the kinship group was responsible for the crimes and debts of its members. The kinship group was responsible for seeking retribution for harms done.

Given the high degree of connection and responsibility among kin-groups, adoption into a family group was a serious and not lightly entered into matter. One could be adopted into a kin-group with the rights and responsibilities that go with such commitment through payment of a fee (lóg fóesman) or by invitation of "kinsman by summoning" (fine thacair). Adoptions were treated as contracts that had to be approved by the head of the kin-group. Given the responsibilities of family, it is significant that such adoption means literally "taking into protection." Such an adoption contract detailed the inheritance or share of the adopted person in the kin-land. Full entitlement was not automatic. The inheritance of such adopted persons was fully understood by the full kin-group. It is to be noted that a son who did not fulfill family duties could be disinherited and another adopted in his place.

Fosterage was quite a common occurrence in early Celtic culture and has continued in modified forms up to the present day in the Celtic Diaspora. Infants and toddlers were reared in their parent's homes, but children were sent for fostering at relatively young ages. There were several common types of fosterage. One was fosterage based on affection (altramm serce). No fee was paid for this type of fosterage. Another type of fosterage was done for a fee. A third situation like unto fosterage was an apprenticeship situation where the relationship between the pupil and his master is similar to that of a fosterchild and a fosterparent.

It is clear from the language usage in the Old Irish language that intimate forms for the words for mother and father are used for fosterparents instead of birth parents. This shift indicates the commonality of fosterage. Though some of the triads and other wisdom texts advise exercise of due caution in fosterage situations, the advantages of fosterage are clear. For those fostering for a fee there was financial gain, and that gain aside, there was the benefit of close links that fosterage forged. Such close ties would mean assistance in time of trouble. Companionship for children beyond strict family lines made for strong emotional bonds. The lore is full of examples of such strong bonds with fosterbrothers. The law recognized such bonds with a monetary value. If a man is killed, a fine equal to one-seventh of his honor price is paid to his fosterbrother if that bond was an intimate one and one-half that if the fostership bond was less intimate.

Fosterparents had an obligation to teach their fosterchildren according to their rank and maintain them in like manner. Fosterchildren must be taught the skills that they are expected to know in adulthood. For the sons of high ranking folks, horsemanship, swimming, marksmanship and board games were taught. For lower ranking folks, sons were taught how to look after livestock and tend to the chores of the farm. High ranking daughters learned sewing and embroidery while the lower ranking daughters were taught how to use common household implements. In the situation of an apprenticeship, the master is expected to impart to his pupil the skills of the profession whether it be medicine, poetry or skilled crafts.

The obligations of fostership were set down in the law and fostership was by contract bound by sureties. Penalties accrued if the fostership contract was broken by either side. If the father took the child out of the fosterage situation without a reason, a legal error occured and the fosterage fee was forfeit. If a child was ill-treated, the contract was annulled and fees returned. Both the parents and the kin of the child's mother had the right to intervene in such cases. The fosterfather who returned a child prematurely was also in legal error and unless the child had been guilty of serious wrong doing, the fees had to be restored.

Fosterparents were bound by law to pay fines of fosterlings in their care as well as make any necessary contracts. Fosterparents of children who had no living relatives were totally responsible for them. Ties between fosterchildren and fosterparents continued and even after fosterage ended, a fosterfather received one-third of the honor price of a fosterson who was killed and if necessary was expected to avenge his death.

It is unclear when fosterage was considered completed but the ages indicated in the extant literature imply that the age was between 14 and 17. Some sources indicate 14 for both sexes, some 14 for a girl and 17 for a boy and some indicate 17 as the age for both sexes. A gift of affection was given to fosterchildren at the end of their fosterage. The lore and other literature suggest that other gifts between fosterchildren and fosterparents were common and customary.

Customs regarding adoption and fosterage are important concepts for us to understand as we seek to explore the world view of our culture and heritage. Modern society has stripped the family of its inherent strength and in our quest to restore our Tribe, we must begin to restore the family ties that make us a People. Kinship ties were the heart of the life of our ancestors. Kinship ties determined education of children, rights to the land, access to legal protection, rights to the ability to learn a skill or a craft, and the right to justice in the society. Without ties to some kinship group, you had no rights at all. The breakdown of kinship ties and the laws governing them had devastating effects of the family life of Gaels. The kinship group, not the individual, was the foundation of the society. As we seek to restore among ourselves that which is ours, the ties of kinship and those of adoption and fosterage give us an open door into the society as a whole that we dare not ignore.

Sources:

1.Family Values-A Celtic Perspective, L. MacDonald-Dalriada Magazine, 1993

2. A Guide to Early Irish Law, by Fergus Kelly, Dublin Institute for Advanced Studies (January 2005), ISBN-10: 0901282952

3. The Celts: Second Edition (Penguin History), by Nora Chadwick, Penguin (Non-Classics); 2 edition (January 1, 1998) ISBN-10: 0140250743

4. Power, Politics and Status, Timothy Champion published in The Celtic World, edited by Miranda J. Green, Routledge; New edition edition (May 8, 1996), ISBN-10: 0415146275

prepared by Alix MacAnTsaoir

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