Towards the Visibility of Childhood. Legal and social Analysis of Foster Care Records in 19th Century in Spain (Murcia, 1850-1900)

Abstract

From the legal and social analysis of foster parenthood or adoption files compiled between 1850-1900 in Murcia, the widespread emergence of political concern in Spain, as well as in Europe. This presents certain legal, social, educational and cultural advances with regards to state and administrative, social and individual responsibilities in the protection of children. However, the second half of the nineteenth century is still a phase of transition, both in the application of social assistance and in socio-cultural guidelines referring to adoption. From the study of the administrative procedure and its documentary analysis, it is confirmed that previous conceptions and attitudes persist regarding the motives for requesting adoption, such as the interest of the future parents, their usefulness for agricultural and artisan work, domestic help, and family support. Simultaneously, there is a progressive awareness of the vulnerability of boys and girls. Their participation in the adoption process begins to be accepted, to the point where their opinion and agreement is taken into consideration. The most obvious result is the visibility of childhood and their legal rights, which represents a first step towards the recognition of the legal concept of the child’s interest.