Adopt. of Karen William

POHNPEI LAW REPORTS

VOL. 3

[3 PN.L.R. 214]

IN THE MATTER OF THE

ADOPTION OF KAREN WILLIAM,

A Minor

ANDER JOSEPH and KARINA JOSEPH,

Petitioners

Pohnpei Civil Action No. 249-87

Trial Division of the Pohnpei Supreme Court

August 22, 1988

Petition for the adoption of a minor child under 39 TTC 252. The natural parents were absent at the hearing but had filed their written consent with the Court. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that under Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands, which continued to apply in Pohnpei State, the natural parents, having filed their written consent the Court could proceed into determination of the matter without their presence.

1. Domestic Relations - Adoption - Applicable Law

Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands [relating to adoption by decree] continues to apply to Pohnpei State.

[3 PN.L.R. 215]

2. Domestic Relations - Adoption - Parental Consent

Where the natural parents have filed their written consent to the adoption of their child by another, the presence of the natural parents in court is not essential to the determination by the Court.

Counsel for Petitioner: Tino Donre

Trial Counselor

Micronesian Legal Services Corporation

JUDAH C. JOHNNY, Associate Justice

The petition of Ander and Karina Joseph came on regularly before me in the Trial Division of the Supreme Court for Pohnpei State, on August 22, 1988. The petitioners were present with minor Karen and their counsel the Micronesian Legal Services Corporation, by Tino Donre. The named natural parents were not present but filed a written consent to the adoption of the minor by the the petitioners.

The following facts were determined:

1. The petitioners, husband and wife, are citizens of the Federated States of Micronesia, citizen and pweldak of Pohnpei State. Ander, the husband, is currently employed by Pohnpei

[3 PN.L.R. 216]

State Government as a classroom teacher at Pohnpei Island Central School (PICS). The wife is a housewife. They have no other child, natural or by adoption. Joined in this petition, they are suitable persons to adopt the minor.

2. Karen William, natural daughter of Keper William and Merleen William, a citizen of the Federated States of Micronesia and citizen and pweldak of Pohnpei State, was born on April 20, 1986. She was taken into the custody and care of petitioners ever since she was two months old. Her life and well-being will be enhanced by this adoption.

3. The natural parents consent to this adoption.

OPINION

[1] This matter is brought under Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands, which continues to apply to this State, State vs. Mack, et al. 2 P.S.Ct.R 269. Jurisdiction therefore properly lies in this Court.

[2] Even though the natural parents are absent, their written consent having properly been filed, allows this Court to proceed into determination of the matter without their presence.

[3 PN.L.R. 217]

"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 has not abandoned the child for a period of six months . . ." Also See In re Adoption of Pentrik William PCA No. 246-87 (1988).

Accordingly, it is ORDERED, ADJUDGED and DECREED:

1. The petitioners, Ander Joseph and Karina Joseph, are hereby declared the adopted parents of minor Karen William. They hereafter shall hold toward each other all the parent/child rights and be subject to all duties and responsibilities created under such relationship.

2. The natural parents are hereby relieved of all duties and obligations for the minor and have no further right over it.

3. The family name of the minor is by virtue of this adoption, changed from William to Joseph, so that the minor shall henceforth be named, known and referred to as Karen Jospeh.

4. This decree shall be final thirty (30) days after the date of this decree if no appeal is brought herefrom, or after an appeal which may be brought shall finally be disposed of.


	POHNPEI LAW REPORTS VOL. 3 [3 PN.L.R. 214] IN THE MATTER OF THE ADOPTION OF KAREN WILLIAM, A Minor By ANDER JOSEPH and KARINA JOSEPH, Petitioners Pohnpei Civil Action No. 249-87 Trial Division of the Pohnpei Supreme Court August 22, 1988 Petition for the adoption of a minor child under 39 TTC 252. The natural parents were absent at the hearing but had filed their written consent with the Court. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that under Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands, which continued to apply in Pohnpei State, the natural parents, having filed their written consent the Court could proceed into determination of the matter without their presence. 1. Domestic Relations - Adoption - Applicable Law Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands [relating to adoption by decree] continues to apply to Pohnpei State. [3 PN.L.R. 215] 2. Domestic Relations - Adoption - Parental Consent Where the natural parents have filed their written consent to the adoption of their child by another, the presence of the natural parents in court is not essential to the determination by the Court. Counsel for Petitioner: Tino Donre Trial Counselor Micronesian Legal Services Corporation JUDAH C. JOHNNY, Associate Justice The petition of Ander and Karina Joseph came on regularly before me in the Trial Division of the Supreme Court for Pohnpei State, on August 22, 1988. The petitioners were present with minor Karen and their counsel the Micronesian Legal Services Corporation, by Tino Donre. The named natural parents were not present but filed a written consent to the adoption of the minor by the the petitioners. The following facts were determined: 1. The petitioners, husband and wife, are citizens of the Federated States of Micronesia, citizen and pweldak of Pohnpei State. Ander, the husband, is currently employed by Pohnpei [3 PN.L.R. 216] State Government as a classroom teacher at Pohnpei Island Central School (PICS). The wife is a housewife. They have no other child, natural or by adoption. Joined in this petition, they are suitable persons to adopt the minor. 2. Karen William, natural daughter of Keper William and Merleen William, a citizen of the Federated States of Micronesia and citizen and pweldak of Pohnpei State, was born on April 20, 1986. She was taken into the custody and care of petitioners ever since she was two months old. Her life and well-being will be enhanced by this adoption. 3. The natural parents consent to this adoption. OPINION [1] This matter is brought under Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands, which continues to apply to this State, State vs. Mack, et al. 2 P.S.Ct.R 269. Jurisdiction therefore properly lies in this Court. [2] Even though the natural parents are absent, their written consent having properly been filed, allows this Court to proceed into determination of the matter without their presence. [3 PN.L.R. 217] "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 has not abandoned the child for a period of six months . . ." Also See In re Adoption of Pentrik William PCA No. 246-87 (1988). Accordingly, it is ORDERED, ADJUDGED and DECREED: 1. The petitioners, Ander Joseph and Karina Joseph, are hereby declared the adopted parents of minor Karen William. They hereafter shall hold toward each other all the parent/child rights and be subject to all duties and responsibilities created under such relationship. 2. The natural parents are hereby relieved of all duties and obligations for the minor and have no further right over it. 3. The family name of the minor is by virtue of this adoption, changed from William to Joseph, so that the minor shall henceforth be named, known and referred to as Karen Jospeh. 4. This decree shall be final thirty (30) days after the date of this decree if no appeal is brought herefrom, or after an appeal which may be brought shall finally be disposed of.