Adopt. of Permans

POHNPEI LAW REPORTS

VOL. 3

[3 PN.L.R. 176]

IN THE MATTER OF THE

ADOPTION OF RONALD PERMAN,

YUNALEEN PERMAN and BRYAN PERMAN

ROBERT C. F. ETSCHEIT,

Petitioner

Pohnpei Civil Action No. 87-88

Trial Division of the Pohnpei Supreme Court

June 17, 1988

Petition for the adoption of children under 39 TTC 253. The birth certificate of each child showed no name of the natural father. The natural mother of the children consented to the adoption, but the legal father's consent was executed and filed by the natural grandfather of the children rather than their natural father. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that the consent of the grandfather which appeared to be improperly executed, was not a legitimate consent of the legal parent, as "legal parent" in the statute was the natural parent, the father of the children.

1. Laws of Pohnpei - Sources of Law - Statutes

Title 39 of the Code of the Trust Territory of the Pacific Islands continues to apply in Pohnpei State.

2. Domestic Relations - Adoption - Parental Consent - Statutes Construction

"Legal parent" whose written consent is required to the adoption of a child under 39 TTC 253 is the natural parent.

3. Domestic Relations - Adoption - Parental Consent - Waiver Evidence

Where the evidence before the Court shows that there are no known living legal fathers of children to be adopted, and it

[3 PN.L.R. 177]

appears that any living fathers have abandoned the children for more than six months prior to the filing of the petition for their adoption, the consent of a living father in each case is waived.

Counsel for Petitioner: Daniel J. Berman, Esq.

Kolonia, Pohnpei 96941

JUDAH C. JOHNNY, Associate Justice

In the Trial Division of the Pohnpei State Supreme Court, on June 17, 1988. Present are the petitioner, natural mother and the subject children, Ronald Perman, Yunaleen Perman and Bryan Perman, together with their attorney Daniel J. Berman, Esq. The following facts are established:

1. The petitioner a prominent businessman in Pohnpei, is a citizen of the Federated States of Micronesia, presently residing in the Municipality of Nett, the State of Pohnpei.

2. The natural mother and all subject children are citizens of the Federated States of Micronesia, presently residing in the Municipality of Nett, the State of Pohnpei.

3. The birth dates of the subject children are:

a. Ronald Perman, May 6, 1973

b. Yunaleen Perman, October 6, 1975

c. Bryan Perman, March 26, 1978

[3 PN.L.R. 178]

4. The petitioner Robert C. F. Etscheit, and the natural mother, formerly Agnes Perman, were married on December 11, 1979.

5. The natural mother consents to the adoption of the subject minors. The official birth certificate of each of the subject children shows "not stated" in the space provided for name of natural father. A consent of the legal father is signed for and filed, naming Fredrick Perman. Consent of minors Ronald and Yunaleen, who have attained the age of twelve years has been given by writing and under oath in open court.

6. The petitioner took custody and care for the subject children since his marriage to their mother. The petitioner is suitable and capable of adopting these children. The welfare of these children will be enhanced by this adoption.

OPINION

[1] The petition is brought under Title 39 of the Code of the Trust Territory of the Pacific Islands, which this Court has held to continue to apply in this state irrespective of the termination of the United Nations Trusteeship Agreement in the Federated States of Micronesia on November 3, 1986. Pohnpei State v.

[3 PN.L.R. 179]

Mack et al, 2 P.S.Ct.R 269. Section 252 of Title 39 states,

"any suitable person who is not married, or is married to the father or mother of a child . . . may by decree of court adopt a child, not (his) by birth . . ."

The petitioner is a suitable person to adopt the children under the statute.

[2-3] While each birth certificate of the subject children shows "not stated" in the space provided for the name of father, and while a consent is filed by Fredrick Perman as legal father, it is common knowledge that Fredrick Perman is the natural father of the mother of the children and therefore is the grandfather of the children. It is the opinion of this Court that the "legal parent" intended in the statute, is the natural parent. Therefore the consent of Fredrick Perman, which appears to be improperly executed, filed by someone other than Mr. Perman personally, even though appearing to have been notarized by one Alberita Likor is, in the opinion of this Court, not a legitimate consent of the legal parent. The consent of a legal father in each case is waived in view of the evidence before this Court that there are no known living legal fathers, and that any living fathers have abandoned the children for more than six

[3 PN.L.R. 180]

months prior to the filing of the petition.

"No adoption shall be granted without either the written consent of, or notice to, each of the known living legal parents who has not been adjudged insane or incompetent or had not abandoned the child for a period of six months. . ." (Emphasis added.) 39 TTC 253.

All requisites for adoption under the statute are therefore fulfiled.

Accordingly, it is ORDERED, ADJUDGED and DECREED:

1. The petition of Robert C. F. Etscheit is granted and he is hereafter the adopted father of the subject children. After this decree of adoption becomes absolute, these adopted children and Robert C. F. Etschiet shall hold toward each other the legal relation of parent and child and have all the rights and be subject to all the duties of that relationship.

2. The family name of these subject children is by virtue of this adoption, changed from Perman to that of Etscheit. The Clerk of Courts is authorized to cause any changes as may be necessary to properly identify the children with the new identity.

3. This decree shall become absolute after 30 days hereof without appeal being filed herefrom, or after any appeal which may be taken is finally disposed of.


	POHNPEI LAW REPORTS VOL. 3 [3 PN.L.R. 176] IN THE MATTER OF THE ADOPTION OF RONALD PERMAN, YUNALEEN PERMAN and BRYAN PERMAN ROBERT C. F. ETSCHEIT, Petitioner Pohnpei Civil Action No. 87-88 Trial Division of the Pohnpei Supreme Court June 17, 1988 Petition for the adoption of children under 39 TTC 253. The birth certificate of each child showed no name of the natural father. The natural mother of the children consented to the adoption, but the legal father's consent was executed and filed by the natural grandfather of the children rather than their natural father. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that the consent of the grandfather which appeared to be improperly executed, was not a legitimate consent of the legal parent, as "legal parent" in the statute was the natural parent, the father of the children. 1. Laws of Pohnpei - Sources of Law - Statutes Title 39 of the Code of the Trust Territory of the Pacific Islands continues to apply in Pohnpei State. 2. Domestic Relations - Adoption - Parental Consent - Statutes Construction "Legal parent" whose written consent is required to the adoption of a child under 39 TTC 253 is the natural parent. 3. Domestic Relations - Adoption - Parental Consent - Waiver Evidence Where the evidence before the Court shows that there are no known living legal fathers of children to be adopted, and it [3 PN.L.R. 177] appears that any living fathers have abandoned the children for more than six months prior to the filing of the petition for their adoption, the consent of a living father in each case is waived. Counsel for Petitioner: Daniel J. Berman, Esq. Kolonia, Pohnpei 96941 JUDAH C. JOHNNY, Associate Justice In the Trial Division of the Pohnpei State Supreme Court, on June 17, 1988. Present are the petitioner, natural mother and the subject children, Ronald Perman, Yunaleen Perman and Bryan Perman, together with their attorney Daniel J. Berman, Esq. The following facts are established: 1. The petitioner a prominent businessman in Pohnpei, is a citizen of the Federated States of Micronesia, presently residing in the Municipality of Nett, the State of Pohnpei. 2. The natural mother and all subject children are citizens of the Federated States of Micronesia, presently residing in the Municipality of Nett, the State of Pohnpei. 3. The birth dates of the subject children are: a. Ronald Perman, May 6, 1973 b. Yunaleen Perman, October 6, 1975 c. Bryan Perman, March 26, 1978 [3 PN.L.R. 178] 4. The petitioner Robert C. F. Etscheit, and the natural mother, formerly Agnes Perman, were married on December 11, 1979. 5. The natural mother consents to the adoption of the subject minors. The official birth certificate of each of the subject children shows "not stated" in the space provided for name of natural father. A consent of the legal father is signed for and filed, naming Fredrick Perman. Consent of minors Ronald and Yunaleen, who have attained the age of twelve years has been given by writing and under oath in open court. 6. The petitioner took custody and care for the subject children since his marriage to their mother. The petitioner is suitable and capable of adopting these children. The welfare of these children will be enhanced by this adoption. OPINION [1] The petition is brought under Title 39 of the Code of the Trust Territory of the Pacific Islands, which this Court has held to continue to apply in this state irrespective of the termination of the United Nations Trusteeship Agreement in the Federated States of Micronesia on November 3, 1986. Pohnpei State v. [3 PN.L.R. 179] Mack et al, 2 P.S.Ct.R 269. Section 252 of Title 39 states, "any suitable person who is not married, or is married to the father or mother of a child . . . may by decree of court adopt a child, not (his) by birth . . ." The petitioner is a suitable person to adopt the children under the statute. [2-3] While each birth certificate of the subject children shows "not stated" in the space provided for the name of father, and while a consent is filed by Fredrick Perman as legal father, it is common knowledge that Fredrick Perman is the natural father of the mother of the children and therefore is the grandfather of the children. It is the opinion of this Court that the "legal parent" intended in the statute, is the natural parent. Therefore the consent of Fredrick Perman, which appears to be improperly executed, filed by someone other than Mr. Perman personally, even though appearing to have been notarized by one Alberita Likor is, in the opinion of this Court, not a legitimate consent of the legal parent. The consent of a legal father in each case is waived in view of the evidence before this Court that there are no known living legal fathers, and that any living fathers have abandoned the children for more than six [3 PN.L.R. 180] months prior to the filing of the petition. "No adoption shall be granted without either the written consent of, or notice to, each of the known living legal parents who has not been adjudged insane or incompetent or had not abandoned the child for a period of six months. . ." (Emphasis added.) 39 TTC 253. All requisites for adoption under the statute are therefore fulfiled. Accordingly, it is ORDERED, ADJUDGED and DECREED: 1. The petition of Robert C. F. Etscheit is granted and he is hereafter the adopted father of the subject children. After this decree of adoption becomes absolute, these adopted children and Robert C. F. Etschiet shall hold toward each other the legal relation of parent and child and have all the rights and be subject to all the duties of that relationship. 2. The family name of these subject children is by virtue of this adoption, changed from Perman to that of Etscheit. The Clerk of Courts is authorized to cause any changes as may be necessary to properly identify the children with the new identity. 3. This decree shall become absolute after 30 days hereof without appeal being filed herefrom, or after any appeal which may be taken is finally disposed of.