Section 6.3102. Adoption by decree.
The Court may grant
adoption of a child to a suitable unmarried person, a person who is married to
the father or mother of the child, or a husband and wife jointly. The
decree may provide for a change of the child's name.
Section 6.3103. Conditions.
(1) The Court may not grant an adoption without either the written consent of, or notice to a known living legal parent whom a Court has not found insane or incompetent or who has not abandoned the child for a period of six months, or without the consent of a child over the age of twelve years who is the subject of adoption.
(2) The Court may not grant an adoption unless the child who is the subject of the adoption appears before the court, and the Court is satisfied that the adoption is in the best interests of the child. The standard for determining best interests includes the State. s prevailing social, cultural and community standards.
(3) The Court may not grant an adoption unless the facts clearly show that such adoption is a legitimate bona fide adoption. The standard for determining legitimacy of such adoption [includes] the age [of] the minor person being adopted, and the dependency of the minor on the adoptive parents.
(4) If a non-citizen petitions for the adoption of a citizen child under the age of twelve years who is not the petitioner. s step-child, the Court:
(a) determines, after reasonable inquiry, whether a member of the childs immediate or extended family residing in the State, or any other citizen residing in the State is willing, able, and suitable to adopt the child;
(b) gives preference to a citizen as an adopting parent whenever practicable;
(c) appoints a guardian ad litem or attorney to represent the child;
(d) does not issue a final decree until the child has lived in the proposed adoptive home for a length of time sufficient for the Court to determine that the placement is satisfactory; and
(e) does not grant the adoption unless the petitioner has resided in the State for at least three years prior to the filing of the petition.
(5) In this section, the term "child" means a child born in the Federated States of Micronesia, one or both of whose parents is a citizen.
Background
State Law 6-61 added new subsection (3) and
renumbered previous sections (3) and (4) as (4) and (5).
Section 6.3104. Effect of decree.
(1) When a decree of adoption has become absolute, the child adopted and the adopting parents hold towards each other the legal relation of parent and child and have all the rights, and are subject to all the duties, of that relationship. From the time of adoption the natural parents of the adopted child are relieved of all parental duties toward the child and all responsibilities for the child, and have no right over him. A child adopted pursuant to this title has the same rights of inheritance as a person adopted in accordance with custom, in the case of real property, and at the place where the decedent was a resident at the time of his death, in the case of personal property. When there is no recognized custom as to rights of inheritance of adopted children, an adopted child inherits from his adopting parents in the same manner as if he were the natural child of the adopting parents, and may also inherit from his natural parents and kindred in the same manner as if an adoption has not taken place.
(2) If a person married to the father or mother of a child adopts the child the same rights and duties which previously existed between the natural parent and child remain the same, subject to the rights acquired by, and the duties imposed upon, the adopting parent by reason of the adoption.
Section 6.3105. Confirmation.
If an adoption has
occurred in accordance with tradition and its validity is in question or
dispute, an interested party may file a petition under oath in the Court for a
decree confirming the annulment, divorce, or adoption. If, following
notice to living parties and a hearing, the Court is satisfied that the
annulment, divorce, or adoption alleged is valid in accordance with custom or
tradition , the Court enters a decree confirming the annulment, divorce, or
adoption and may include in the decree the date when the annulment, divorce, or
adoption became absolute pending the expiration of the period for appeal without
the filing of an appeal, or the disposition of an appeal.
Section 6.3106. Tradition.
Except as otherwise
provided herein, this chapter does not place a restriction or limitation on an
adoption occurring by tradition.