In the matter of the Adoption and Name change of Rufes(1985)

POHNPEI SUPREME COURT REPORTS

VOL. 1

[1P.S.Ct.R.235]

IN THE MATTER OF THE ADOPTION AND NAME CHANGE

CHARLEEN RUFES,

a Minor,

SEFIT YOMA AND YUSAKO YOMA,

Petitioners,

Pohnpei Civil Action No. 144-85

Trial Division of the Pohnpei Supreme Court

September 6, 1985

Petition by Mortlockese spouses for the confirmation of the adoption of a Pohnpeian child whom they had adopted under Mortlockese as well as Pohnpeian custom. The petitioners as well as the natural mother of the child were born and raised and at all times lived on Pohnpei and by virtue of Art. III, Sec 1 of the Pohnpei State Constitution were citizens and pwilidak of Pohnpei. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that the customary procedure employed by the parties in the adoption conformed to that which was known and practiced in Pohnpei and that the Court found the customary adoption here as binding under both Pohrtpeian and Mortlockese custom.

1. Domestic Relations - Customary Adoption - Mortlockese Community in Pohnpei

Under Mortlockese custom as practiced by the Mortlockese community in Pohnpei, a child may be adopted by a member of the family of either parent by simply requesting the natural parent or parents for permission to adopt the child, and if the natural parent or parents consent to the adoption and surrender the custody of the child to the adopting parent or parents the adoption there becomes final.

2. Domestic Relations - Customary Adoption - Pohnpeian Custom

Customary adoption as practiced by the Pohnpeians known in Pohnpeian terms as . PWENIKEDI NAH' or 'PWENIKEDI NEI. literally meaning to "choose to be his or hers and " choose to be mine" respectively, is similar to customary adoption as practiced by the Mortlockese.

3. Domestic Relations - Customary Adoption - Mortlockese

Where the customary adoption of minor child was effected in

[1P.S.Ct.R.236]

accordance with both Mortlockese and Pohnpeian custom which are practiced in the community wherein the petitioners (Mortlockese pwilidaks of Pohnpei) and the natural mother of the child reside, the Court has jurisdiction to grant a petition for conf irmation of the adoption under 39 T.T.C. 5.

Counsel for Petitioner: Fred L. Ramp of Stovall, Spralin, Ramp Armstrong & Israel

Edwel H. Santos, Chief Justice

This matter came on regularly for hearing before this Court upon the petition of Sefit Yoma and Yusako Yoma, husband and wife, of Sokehs Municipality, State of Pohnpei. The petition states that the petitioners had adopted the said Charleen Rufes pursuant to Mortlockese as well as Pohnpeian custom. The testimony offered proved that prior to the birth of the said Charleen Rufes, the petitioners had requested Moria Rufes for permission to adopt her child. Moria Rufes consented to this request, and when the child was born on July 17, 1983, (the Birth Certificate of Charleen Rufes No. 200-84 indicates the date of birth as being July 16, 1983, a date which the mother of the said child indicated was a typographical error; July 17, 1983, being the correct date) the petitioners took physical custody of the child, and the child at all times since birth has resided with the petitioners as their adopted child.

[1 ] Under Mortlockese custom which is also practiced by the

[1P.S.Ct.R.237]

Mortlockese community in Pohnpei, a child may be adopted by a member of the family of either parent by simply requesting the natural parent or parents for permission to adopt the child. If the natural parent or parents consent to the adoption and surrenderthe custody of the child to the adopting parent or parents, the adoption there becomes final. If should be noted here that Yusako Yoma, one of the petitioners and Moria Rufes, the natural mother of Charleen Rufes, are sisters.

[2] In Pohnpei similar customary adoption procedure exists and continues to be practiced by the Pohnpeians, as seen in the instant case. The form of adoption as seen here is known in Pohnpeian terms as "PWENIKEDI NAH", or "PWENIKEDI NEI" literally translated as "choose to be his or hers " and choose to be mine" respectively.

[3] The petitioners as well as the natural mother of the child were born and raised and at all times lived on Pohnpei and by virtue of the Pohnpei State Constitution are citizens and pwilidak of Pohnpei, Art. III Sec 1 of Pohnpei Constitution. The customary procedure employed by the parties in this adoption also conforms tothatwhich is known and practiced in Pohnpei, and the Courtfinds the customary adoption here as binding underboth Pohnpeian and

[1P.S.Ct.R.238]

Mortlockese custom.

The Court is satisfied that the adoption of the said minorchild

was effected in accordance with both Mortlockese and Pohnpeian custom which are practiced in the community wherein the petitioners and the natural mother of the child reside, and the Court has jurisdiction to grant the petition, 39 T.T.C. 5; In the Matter of the Adoption and the Name Change of Kymoo Primo, PCA No. 85-85.

The petition also requests leave to change the name of the child from Charleen Rufes to Charleen Rufes Yoma.

Accordingly, it is Adjudged, Ordered and Decreed that:

1. The adoption of said Charleen Rufes, a minor female child by the petitioners Sefit Yoma and Yusako Yoma, effected on July 17, 1983, in accordance with Pohnpeian and Mortlockese custom is hereby confirmed.

2. The child's name, Charleen Rufes, is hereby changed from Charleen Rufes to Charleen Rufes Yoma and she shall henceforth be known as Charleen Rufes Yoma.

3. The date of birth ( July 16, 1983) of said Charleen Rufes (Yoma) as reflected in the Birth Certificate No. 20p-84, filed with the Clerk of Courts, Pohnpei, On April 17, 1984, is amended to read July 17, 1983.


	POHNPEI SUPREME COURT REPORTS VOL. 1 [1P.S.Ct.R.235] IN THE MATTER OF THE ADOPTION AND NAME CHANGE OF CHARLEEN RUFES, a Minor, SEFIT YOMA AND YUSAKO YOMA, Petitioners, Pohnpei Civil Action No. 144-85 Trial Division of the Pohnpei Supreme Court September 6, 1985 Petition by Mortlockese spouses for the confirmation of the adoption of a Pohnpeian child whom they had adopted under Mortlockese as well as Pohnpeian custom. The petitioners as well as the natural mother of the child were born and raised and at all times lived on Pohnpei and by virtue of Art. III, Sec 1 of the Pohnpei State Constitution were citizens and pwilidak of Pohnpei. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that the customary procedure employed by the parties in the adoption conformed to that which was known and practiced in Pohnpei and that the Court found the customary adoption here as binding under both Pohrtpeian and Mortlockese custom. 1. Domestic Relations - Customary Adoption - Mortlockese Community in Pohnpei Under Mortlockese custom as practiced by the Mortlockese community in Pohnpei, a child may be adopted by a member of the family of either parent by simply requesting the natural parent or parents for permission to adopt the child, and if the natural parent or parents consent to the adoption and surrender the custody of the child to the adopting parent or parents the adoption there becomes final. 2. Domestic Relations - Customary Adoption - Pohnpeian Custom Customary adoption as practiced by the Pohnpeians known in Pohnpeian terms as . PWENIKEDI NAH' or 'PWENIKEDI NEI. literally meaning to "choose to be his or hers and " choose to be mine" respectively, is similar to customary adoption as practiced by the Mortlockese. 3. Domestic Relations - Customary Adoption - Mortlockese Where the customary adoption of minor child was effected in [1P.S.Ct.R.236] accordance with both Mortlockese and Pohnpeian custom which are practiced in the community wherein the petitioners (Mortlockese pwilidaks of Pohnpei) and the natural mother of the child reside, the Court has jurisdiction to grant a petition for conf irmation of the adoption under 39 T.T.C. 5. Counsel for Petitioner: Fred L. Ramp of Stovall, Spralin, Ramp Armstrong & Israel Edwel H. Santos, Chief Justice This matter came on regularly for hearing before this Court upon the petition of Sefit Yoma and Yusako Yoma, husband and wife, of Sokehs Municipality, State of Pohnpei. The petition states that the petitioners had adopted the said Charleen Rufes pursuant to Mortlockese as well as Pohnpeian custom. The testimony offered proved that prior to the birth of the said Charleen Rufes, the petitioners had requested Moria Rufes for permission to adopt her child. Moria Rufes consented to this request, and when the child was born on July 17, 1983, (the Birth Certificate of Charleen Rufes No. 200-84 indicates the date of birth as being July 16, 1983, a date which the mother of the said child indicated was a typographical error; July 17, 1983, being the correct date) the petitioners took physical custody of the child, and the child at all times since birth has resided with the petitioners as their adopted child. [1 ] Under Mortlockese custom which is also practiced by the [1P.S.Ct.R.237] Mortlockese community in Pohnpei, a child may be adopted by a member of the family of either parent by simply requesting the natural parent or parents for permission to adopt the child. If the natural parent or parents consent to the adoption and surrenderthe custody of the child to the adopting parent or parents, the adoption there becomes final. If should be noted here that Yusako Yoma, one of the petitioners and Moria Rufes, the natural mother of Charleen Rufes, are sisters. [2] In Pohnpei similar customary adoption procedure exists and continues to be practiced by the Pohnpeians, as seen in the instant case. The form of adoption as seen here is known in Pohnpeian terms as "PWENIKEDI NAH", or "PWENIKEDI NEI" literally translated as "choose to be his or hers " and choose to be mine" respectively. [3] The petitioners as well as the natural mother of the child were born and raised and at all times lived on Pohnpei and by virtue of the Pohnpei State Constitution are citizens and pwilidak of Pohnpei, Art. III Sec 1 of Pohnpei Constitution. The customary procedure employed by the parties in this adoption also conforms tothatwhich is known and practiced in Pohnpei, and the Courtfinds the customary adoption here as binding underboth Pohnpeian and [1P.S.Ct.R.238] Mortlockese custom. The Court is satisfied that the adoption of the said minorchild was effected in accordance with both Mortlockese and Pohnpeian custom which are practiced in the community wherein the petitioners and the natural mother of the child reside, and the Court has jurisdiction to grant the petition, 39 T.T.C. 5; In the Matter of the Adoption and the Name Change of Kymoo Primo, PCA No. 85-85. The petition also requests leave to change the name of the child from Charleen Rufes to Charleen Rufes Yoma. Accordingly, it is Adjudged, Ordered and Decreed that: 1. The adoption of said Charleen Rufes, a minor female child by the petitioners Sefit Yoma and Yusako Yoma, effected on July 17, 1983, in accordance with Pohnpeian and Mortlockese custom is hereby confirmed. 2. The child's name, Charleen Rufes, is hereby changed from Charleen Rufes to Charleen Rufes Yoma and she shall henceforth be known as Charleen Rufes Yoma. 3. The date of birth ( July 16, 1983) of said Charleen Rufes (Yoma) as reflected in the Birth Certificate No. 20p-84, filed with the Clerk of Courts, Pohnpei, On April 17, 1984, is amended to read July 17, 1983.