In the matter of the Confirmation Adopt(1989)

POHNPEI LAW REPORTS

VOL. 3A

[3A PN.L.R. 734]

IN THE MATTER OF THE CONFIRMATION

OF THE CUSTOMARY ADOPTION OF

AMANDA IOAKIM

ANIPEL I. MARTIN,

Petitioner

Pohnpei Civil Action No. 220-89

Trial Division of the Pohnpei Supreme Court

November 15, 1989

Petition for the confirmation of customary adoption. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that the Constitution of Pohnpei "upholds, respects and protects the customs and traditions of the traditional kingdoms in Pohnpei" and that under Title 39, Section 5, of the Trust Territory Code the Court had authority to enter a decree confirming annulment, divorce or adoption effected in accordance with Pohnpeian custom when such annulment, divorce or adoption was questioned or disputed by anyone in such a manner as to cause serious embarrassment to or affect the property right of any of the parties or their children.

1. Domestic Relations- Customary Adoption - Confirmation

The Court has authority to enter a decree confirming annulment, divorce or adoption effected in accordance with Pohnpeian custom when such annulment, divorce or adoption is questioned or disputed by anyone in such a manner as to cause serious embarrassment to or affect the property right of any of the parties or their children.

2. Domestic Relations - Customary Adoption - Decease of one of Adopting Parents - Confirmation - Courts - Powers

The Court has power to confirm the customary adoption of a child after the death of one of the adopting parents.

[3A PN.L.R. 735]

Counsel for Petitioner: Mr. Ander Norman

Trial Counselor,

Micronesian Legal Services Corporation

EDWEL H. SANTOS, Chief Justice

This matter having come on for hearing upon the sworn petition of Anipel I. Martin, supported by the affidavit of Elsihter loakim, the natural mother of the minor, the Court, after taking evidence thereon, finds as follows:

1. Amanda loakim was born on December 20, 1980, to Elsihter Ioakim. Her natural father is unknown.

2. The minor, Amanda loakim, was customarily adopted by the late Hainrich loakim and the petitioner, Anipel I. Martin, both of U Municipality, since birth and was dependent on them for her livelihood. Hainrich loakim died on January 1, 1987, and the petitioner thereafter got married to her second husband, thus acquiring the family name of Martin.

[1] The Constitution of Pohnpei upholds, respects, and protects the customs and traditions of the traditional kingdoms in Pohnpei. Art 5, Section 1 PN Constitution. Title 39, Section 5, of

[3A PN.L.R. 736]

the Trust Territory Code [6 FSMC 1615] grants the authority to the Pohnpei Supreme Court to enter decree confirming annulment, divorce or adoption effected in accordance with Pohnpeian custom when such annulment, divorce or adoption is questioned or disputed by anyone is such a manner as to cause serious embarrassment to or affect the property right of any of the parties or their children.

Now, therefore, it is ORDERED, ADJUDGED, and DECREED as follows:

[2] The adoption of AMANDA IOAKIM by the petitioner, Anipel laokim, now known as Anipel I. Martin, and her late husband Hainrich loakim, effected in accordance with recognized custom of Pohnpei in December 1980 is hereby confirmed.


	POHNPEI LAW REPORTS VOL. 3A [3A PN.L.R. 734] IN THE MATTER OF THE CONFIRMATION OF THE CUSTOMARY ADOPTION OF AMANDA IOAKIM ANIPEL I. MARTIN, Petitioner Pohnpei Civil Action No. 220-89 Trial Division of the Pohnpei Supreme Court November 15, 1989 Petition for the confirmation of customary adoption. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that the Constitution of Pohnpei "upholds, respects and protects the customs and traditions of the traditional kingdoms in Pohnpei" and that under Title 39, Section 5, of the Trust Territory Code the Court had authority to enter a decree confirming annulment, divorce or adoption effected in accordance with Pohnpeian custom when such annulment, divorce or adoption was questioned or disputed by anyone in such a manner as to cause serious embarrassment to or affect the property right of any of the parties or their children. 1. Domestic Relations- Customary Adoption - Confirmation The Court has authority to enter a decree confirming annulment, divorce or adoption effected in accordance with Pohnpeian custom when such annulment, divorce or adoption is questioned or disputed by anyone in such a manner as to cause serious embarrassment to or affect the property right of any of the parties or their children. 2. Domestic Relations - Customary Adoption - Decease of one of Adopting Parents - Confirmation - Courts - Powers The Court has power to confirm the customary adoption of a child after the death of one of the adopting parents. [3A PN.L.R. 735] Counsel for Petitioner: Mr. Ander Norman Trial Counselor, Micronesian Legal Services Corporation EDWEL H. SANTOS, Chief Justice This matter having come on for hearing upon the sworn petition of Anipel I. Martin, supported by the affidavit of Elsihter loakim, the natural mother of the minor, the Court, after taking evidence thereon, finds as follows: 1. Amanda loakim was born on December 20, 1980, to Elsihter Ioakim. Her natural father is unknown. 2. The minor, Amanda loakim, was customarily adopted by the late Hainrich loakim and the petitioner, Anipel I. Martin, both of U Municipality, since birth and was dependent on them for her livelihood. Hainrich loakim died on January 1, 1987, and the petitioner thereafter got married to her second husband, thus acquiring the family name of Martin. [1] The Constitution of Pohnpei upholds, respects, and protects the customs and traditions of the traditional kingdoms in Pohnpei. Art 5, Section 1 PN Constitution. Title 39, Section 5, of [3A PN.L.R. 736] the Trust Territory Code [6 FSMC 1615] grants the authority to the Pohnpei Supreme Court to enter decree confirming annulment, divorce or adoption effected in accordance with Pohnpeian custom when such annulment, divorce or adoption is questioned or disputed by anyone is such a manner as to cause serious embarrassment to or affect the property right of any of the parties or their children. Now, therefore, it is ORDERED, ADJUDGED, and DECREED as follows: [2] The adoption of AMANDA IOAKIM by the petitioner, Anipel laokim, now known as Anipel I. Martin, and her late husband Hainrich loakim, effected in accordance with recognized custom of Pohnpei in December 1980 is hereby confirmed.