Adopt. of Ward, Edwin, Phillip,and Roby

POHNPEI LAW REPORTS

VOL. 3

[3 PN.L.R. 118]

IN THE MATTER OF THE

CONFIRMATION OF ADOPTION

AND NAME CHANGE OF

JEFF WARD, MEMORIN EDWIN,

TAILOR EDWIN, CORTON PHILLIP,

TOM KEN, and GOODLYNN ROBY,

Minors

ROSLINA EDWIN,

Petitioner

Pohnpei Civil Action No. 60-88

Trial Division of the Pohnpei Supreme Court

May 25, 1988

Petition for the confirmation of customary adoption of minors. The petitioner and her husband, now deceased, had adopted them under Pohnpeian custom before his death on November 26, 1987. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that the Court in the absence of evidence to the contrary, would presume that the adoption of one of the children having been effected at birth some 13 years earlier was with the consent of the parents; and would take judicial notice of Pohnpeian customary adoption and that the parties to the adoption or their children could petition the Court for a decree confirming the adoption.

1. Evidence - Presumption - Domestic Relations - Customary Adoption - Parental Consent

Where the testimony shows that a child was adopted at birth under custom by the petitioner and her late husband , and the child is 13 years old when a decree confirming the customary adoption is sought by the petitioner, and there is no affidavit of consent by the natural parents on file nor any evidence that either of them repudiates the child's adoption, the Court will presume that the concerned parents did agree to the adoption as effected some 13 years earlier.

[3 PN.L.R. 119]

2. Domestic Relations - Customary Adoption - Courts - Judicial Notice

The Court takes judicial notice of an adoption of a minor child effected under Pohnpeian custom.

3. Domestic Relations - Customary Adoption - Confirmation

The Court will confirm a customary adoption of a minor child if after notice to all parties [the parents] still living and the child, and a hearing, the Court is satisfied that the adoption was in accordance with recognized custom (39 TTC 5), (6 FSMC 1615).

EDWEL H. SANTOS, Chief Justice

This matter having come on for hearing upon the sworn petition of Roslina Edwin (signed as Roslina N. Edwin), supported by affidavits of consent of Rihne Simina, natural mother of Jeff Ward and Memorina Edwin; Ohner Phillip and Rosie Edwin Phillip, the natural parents of Corton Phillip; Pedro Ken and Delihda Ken, the natural parents of Tom Ken; Albert Roby and Ramona Roby, the natural parents of Goodlynn Roby; the Court after considering the evidence adduced thereon, finds as follows:

1. The petitioner and Gaius Edwin were legally married in 1941. Gaius Edwin died on November 26, 1987. The petitioner and her husband Gaius Edwin, deceased, adopted the following grandchildren by Pohnpeian custom.

[3 PN.L.R. 120]

1a. Jeff Ward, a male child, born out of wedlock on July 19, 1971, in the Ponape Hospital, to Rihne Edwin Simina and a Jim Ward, a US citizen;

1b. Memorin Edwin, a female child, born on August 29,1974, in Kolonia, Pohnpei, to Rihne Edwin Simina, (father was not stated in the birth certificate). The above children were adopted at birth by the petitioner and her late husband, Gaius Edwin. Rihne Edwin Simina is a daughter of the petitioner and Gaius Edwin;

[1] 1c. Taylor Edwin, a male child, born on February 23,1975, to Mercihla Rufus Edwin and David Edwin, was adopted by the petitioner and her late husband, Gaius Edwin, at birth; David Edwin is a son of the petitioner and her late husband Gaius Edwin. No affidavit of consent by either parent is on file nor is there any evidence that either parent repudiates the adoption of Taylor Edwin. The child in question is over 13 years old when this decree is issued. It is however, presumed, in the absence of any evidence to the contrary, that the concerned parents did agree to the adoption as effected some 13 years earlier.

1d. Corton Phillip, male, born on February 12,1979, to Ohner Phillip and Rosie Edwin Phillip, a daughter of the petitioner and

[3 PN.L.R. 121]

Gaius Edwin. This child was adopted at birth.

1e. Goodlynn Roby, female, born on August 12, 1984, to Albert Roby and Ramona Edwin Roby, a daughter of the petitioner and Gaius Edwin of late. This child was adopted by the petitioner and her late husband when she was one year old.

1f. Tom Ken, born on October 26, 1979, to Pedro Ken, and Delida Edwin Ken, another daughter of the petitioner and Gaius Edwin, deceased. She was adopted by the petitioner and her late husband, Gaius Edwin, when the said Tom Ken was one year old.

Following the adoptions of the above-named children by the petitioner and her late husband, Mr. Gaius Edwin, all of the children had assumed and continue to use the name Edwin as their family name.

[2-3] The adoptions of all of the children in this action were effected in accordance with Pohnpeian custom, and the Court takes judicial notice of that fact. The Government of Pohnpei shall respect and protect the customs and traditions of Pohnpei. Pohnpei Constitution, Art. 5, Section 2. When an . . . adoption has been effected (in Pohnpei) in accordance with recognized custom and the validity thereof is questioned or disputed by anyone in such a

[3 PN.L.R. 122]

manner as to cause serious embarrassment to or affect the property rights of any of the parties or their children, any party thereto or any of his children may bring a petition in the (Pohnpei Supreme) Court for a decree confirming the . . . adoption effected in accordance with the recognized custom. Such a petition shall be signed and sworn to by the petitioner personally, and shall be filed (with the Clerk of Courts). If, after notice to all parties still living and a hearing, the court is satisfied that the . . . adoption alleged is valid in accordance with recognized custom . . . the (Pohnpei Supreme) Court shall enter a decree confirming the . . . adoption and may include in this decree the date it finds the . . . adoption was absolute until the period for appealing has expired without any appeal having been filed or until any appeal taken shall have been finally dispatched. 39 TTC 5, 6 FSMC 1615.

Now, therefore, pursuant to the authority above cited, it is Ordered, Adjudged, and Decreed as follows:

1. The adoption of the below-described children by the petitioner and her late husband, Gaius Edwin, effected under Pohnpeian custom are respectively confirmed:

[3 PN.L.R. 123]

a. Jeff Ward, male, was adopted on July 19, 1971, and the petitioner is granted leave to change the name of the said child from Jeff Ward to Oxton Edwin, and the said child shall henceforth be known as Oxton Edwin;

b. Memorin Edwin, female, was adopted on August 29,1974.

c. Taylor Edwin, male, was adopted on February 23, 1975, and the petitioner is granted leave to change the name of said child from Taylor Edwin to Edwin Edwin and the said child shall henceforth be known as Edwin Edwin;

d. Corton Phillip, male, was adopted on February 12, 1979, and petitioner is granted leave to change the name of the said child from Corton Phillip to Carter Edwin; and the said child shall henceforth be known as Carter Edwin,

e. Goodlynn Roby, a female child, was adopted in about 1985, and the petitioner is granted leave to change the name of the said child from Goodlynn

[3 PN.L.R. 124]

Roby to Goodlynn Edwin,

f. Tom Ken, male, was adopted in about 1980, and petitioner is granted leave to change the name of the said child from Tom Ken to Tom Edwin.

2. The respective birth certificates of the above-described children on file with the Office of the Clerk of Court, Pohnpei, i.e.,

a. Jeff Ward - BC No. 565-71

b. Memorin Edwin - BC No. 861-74

c. Taylor Edwin - BC No. 213-75

d. Corton Phillip - BC No. 290-79

e. Goodlynn Roby - BC No. 944-84

f. Tom Ken - BC No. 83-80 are considered amended by this decree.

3. This decree shall not become absolute until the period for appealing therefrom has expired without any appeal having been filed or until any appeal taken shall have been finally disposed of.

Ordered this 25th day of May 1988.


	POHNPEI LAW REPORTS VOL. 3 [3 PN.L.R. 118] IN THE MATTER OF THE CONFIRMATION OF ADOPTION AND NAME CHANGE OF JEFF WARD, MEMORIN EDWIN, TAILOR EDWIN, CORTON PHILLIP, TOM KEN, and GOODLYNN ROBY, Minors ROSLINA EDWIN, Petitioner Pohnpei Civil Action No. 60-88 Trial Division of the Pohnpei Supreme Court May 25, 1988 Petition for the confirmation of customary adoption of minors. The petitioner and her husband, now deceased, had adopted them under Pohnpeian custom before his death on November 26, 1987. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that the Court in the absence of evidence to the contrary, would presume that the adoption of one of the children having been effected at birth some 13 years earlier was with the consent of the parents; and would take judicial notice of Pohnpeian customary adoption and that the parties to the adoption or their children could petition the Court for a decree confirming the adoption. 1. Evidence - Presumption - Domestic Relations - Customary Adoption - Parental Consent Where the testimony shows that a child was adopted at birth under custom by the petitioner and her late husband , and the child is 13 years old when a decree confirming the customary adoption is sought by the petitioner, and there is no affidavit of consent by the natural parents on file nor any evidence that either of them repudiates the child's adoption, the Court will presume that the concerned parents did agree to the adoption as effected some 13 years earlier. [3 PN.L.R. 119] 2. Domestic Relations - Customary Adoption - Courts - Judicial Notice The Court takes judicial notice of an adoption of a minor child effected under Pohnpeian custom. 3. Domestic Relations - Customary Adoption - Confirmation The Court will confirm a customary adoption of a minor child if after notice to all parties [the parents] still living and the child, and a hearing, the Court is satisfied that the adoption was in accordance with recognized custom (39 TTC 5), (6 FSMC 1615). EDWEL H. SANTOS, Chief Justice This matter having come on for hearing upon the sworn petition of Roslina Edwin (signed as Roslina N. Edwin), supported by affidavits of consent of Rihne Simina, natural mother of Jeff Ward and Memorina Edwin; Ohner Phillip and Rosie Edwin Phillip, the natural parents of Corton Phillip; Pedro Ken and Delihda Ken, the natural parents of Tom Ken; Albert Roby and Ramona Roby, the natural parents of Goodlynn Roby; the Court after considering the evidence adduced thereon, finds as follows: 1. The petitioner and Gaius Edwin were legally married in 1941. Gaius Edwin died on November 26, 1987. The petitioner and her husband Gaius Edwin, deceased, adopted the following grandchildren by Pohnpeian custom. [3 PN.L.R. 120] 1a. Jeff Ward, a male child, born out of wedlock on July 19, 1971, in the Ponape Hospital, to Rihne Edwin Simina and a Jim Ward, a US citizen; 1b. Memorin Edwin, a female child, born on August 29,1974, in Kolonia, Pohnpei, to Rihne Edwin Simina, (father was not stated in the birth certificate). The above children were adopted at birth by the petitioner and her late husband, Gaius Edwin. Rihne Edwin Simina is a daughter of the petitioner and Gaius Edwin; [1] 1c. Taylor Edwin, a male child, born on February 23,1975, to Mercihla Rufus Edwin and David Edwin, was adopted by the petitioner and her late husband, Gaius Edwin, at birth; David Edwin is a son of the petitioner and her late husband Gaius Edwin. No affidavit of consent by either parent is on file nor is there any evidence that either parent repudiates the adoption of Taylor Edwin. The child in question is over 13 years old when this decree is issued. It is however, presumed, in the absence of any evidence to the contrary, that the concerned parents did agree to the adoption as effected some 13 years earlier. 1d. Corton Phillip, male, born on February 12,1979, to Ohner Phillip and Rosie Edwin Phillip, a daughter of the petitioner and [3 PN.L.R. 121] Gaius Edwin. This child was adopted at birth. 1e. Goodlynn Roby, female, born on August 12, 1984, to Albert Roby and Ramona Edwin Roby, a daughter of the petitioner and Gaius Edwin of late. This child was adopted by the petitioner and her late husband when she was one year old. 1f. Tom Ken, born on October 26, 1979, to Pedro Ken, and Delida Edwin Ken, another daughter of the petitioner and Gaius Edwin, deceased. She was adopted by the petitioner and her late husband, Gaius Edwin, when the said Tom Ken was one year old. Following the adoptions of the above-named children by the petitioner and her late husband, Mr. Gaius Edwin, all of the children had assumed and continue to use the name Edwin as their family name. [2-3] The adoptions of all of the children in this action were effected in accordance with Pohnpeian custom, and the Court takes judicial notice of that fact. The Government of Pohnpei shall respect and protect the customs and traditions of Pohnpei. Pohnpei Constitution, Art. 5, Section 2. When an . . . adoption has been effected (in Pohnpei) in accordance with recognized custom and the validity thereof is questioned or disputed by anyone in such a [3 PN.L.R. 122] manner as to cause serious embarrassment to or affect the property rights of any of the parties or their children, any party thereto or any of his children may bring a petition in the (Pohnpei Supreme) Court for a decree confirming the . . . adoption effected in accordance with the recognized custom. Such a petition shall be signed and sworn to by the petitioner personally, and shall be filed (with the Clerk of Courts). If, after notice to all parties still living and a hearing, the court is satisfied that the . . . adoption alleged is valid in accordance with recognized custom . . . the (Pohnpei Supreme) Court shall enter a decree confirming the . . . adoption and may include in this decree the date it finds the . . . adoption was absolute until the period for appealing has expired without any appeal having been filed or until any appeal taken shall have been finally dispatched. 39 TTC 5, 6 FSMC 1615. Now, therefore, pursuant to the authority above cited, it is Ordered, Adjudged, and Decreed as follows: 1. The adoption of the below-described children by the petitioner and her late husband, Gaius Edwin, effected under Pohnpeian custom are respectively confirmed: [3 PN.L.R. 123] a. Jeff Ward, male, was adopted on July 19, 1971, and the petitioner is granted leave to change the name of the said child from Jeff Ward to Oxton Edwin, and the said child shall henceforth be known as Oxton Edwin; b. Memorin Edwin, female, was adopted on August 29,1974. c. Taylor Edwin, male, was adopted on February 23, 1975, and the petitioner is granted leave to change the name of said child from Taylor Edwin to Edwin Edwin and the said child shall henceforth be known as Edwin Edwin; d. Corton Phillip, male, was adopted on February 12, 1979, and petitioner is granted leave to change the name of the said child from Corton Phillip to Carter Edwin; and the said child shall henceforth be known as Carter Edwin, e. Goodlynn Roby, a female child, was adopted in about 1985, and the petitioner is granted leave to change the name of the said child from Goodlynn [3 PN.L.R. 124] Roby to Goodlynn Edwin, f. Tom Ken, male, was adopted in about 1980, and petitioner is granted leave to change the name of the said child from Tom Ken to Tom Edwin. 2. The respective birth certificates of the above-described children on file with the Office of the Clerk of Court, Pohnpei, i.e., a. Jeff Ward - BC No. 565-71 b. Memorin Edwin - BC No. 861-74 c. Taylor Edwin - BC No. 213-75 d. Corton Phillip - BC No. 290-79 e. Goodlynn Roby - BC No. 944-84 f. Tom Ken - BC No. 83-80 are considered amended by this decree. 3. This decree shall not become absolute until the period for appealing therefrom has expired without any appeal having been filed or until any appeal taken shall have been finally disposed of. Ordered this 25th day of May 1988.