Adoption of Norleen Alfons

POHNPEI LAW REPORTS

VOL. 3

[3 PN.L.R. 308]

IN THE MATTER OF THE

ADOPTION OF NORLEEN ALFONS,

A Minor

DAHKER D. DANIEL, & LOIS A. DANIEL,

Petitioners

Pohnpei Civil Action No. 254-88

Trial Division of the Pohnpei Supreme Court

January 5, 1989

Petition for the adoption of a minor child. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held (1) that Title 39 of the Code of the Trust Territory of the Pacific Islands, which remained in effect after the termination of the Trusteeship Agreement on November 3, 1986, on the implementation of the provisions of the Compact of Free Association between the governments of the United States of America and the Federated States of Micronesia, governed proceedings in the adoption of children in Pohnpei; (2) and that adoption of a child granted under Title 39 was for the purpose of enhancing the interest of the child; thus in determining whether to grant a decree or order for the adoption of a minor child, the interest and welfare of the child were of primary and paramount consideration.

1. Domestic Relations - Adoption - Governing Law

The adoption of a child in Pohnpei State is governed by Title 39 or the Code of the Trust Territory of the Pacific Islands which remains in effect in Pohnpei State even after the termination of the Trusteeship Agreement on November 3, 1986, on the implementation of the provisions of the Compact of Free Association between the governments of the United States of America and the Federated States of Micronesia of which Pohnpei is a State.

[3 PN.L.R. 309]

2. Domestic Relations - Adoption - Purpose

The adoption of a child granted under Title 39 of the Trust Territory Code is for the purpose of enhancing the interest of the child, thus "no adoption shall be granted under this title without the child proposed for adoption appearing before the court, and the adoption shall be granted only if the court is satisfied that the interests of the child will be promoted thereby." (39 TTC 254)

3. Domestic Relations - Adoption - Determinations By Court Before Grant - Evidence.

Before granting a decree of adoption, the Court must determine that the best interest of the infant will be served and promoted by the change in the status. Evidence as to the conduct, position, and attitudes of both parties, both before and after the filing of the adoption petition, is material in determining the issue. It is not enough that the adopting parents are willing to assume the obligations to the child imposed by the adoption statutes and that the natural parents are willing that the child be adopted by the petitioners. Proof of moral character and ability of the petitioners is usually required, but the welfare of the child may be affected by many other considerations, such as age, intelligence,health, and temperament of the petitioners, andthe age, sex, health, temperament, and other qualities of the child. There must be showing of mutual love and affection.

4. Domestic Relations - Adoption - Courts - Duties

The court to which an application for adoption is made is charged with the duty of protecting the child and its interests and, to bring those interests fully before it, it has authority to make rules to accomplish the end.

5. Domestic Relations - Adoption - Parental Consents - Statutes Construction

The provisions of Section 253 of Title 39 mean that adoption may

[3 PN.L.R. 310]

be granted under the statute where either "written consent to or notice to each of the known living legal parents . . . has been given".

6. Domestic Relations - Adoption - Change of Name

A decree of adoption may provide for change of name of the child (39 TTC 252)

Counsel for Petitioners: Pro Se

JUDAH C. JOHHNNY, Associate Justice

This matter came on regularly to be heard before me on January 5, 1989, at Kolonia, State of Pohnpei. Present were the petitioners and the child Norleen Alfons. The natural parents were absent.

FACTS

The following facts were found:

1. The petitioners, both of whom are currently employed by this Court, are legally married and are citizens of the Federated States of Micronesia, and citizens and pwildak of the State of Pohnpei.

2. The natural parents, now customarily divorced, together with the minor Norleen are citizens of the Federated States

[3 PN.L.R. 311]

of Micronesia, and citizens and pwildak of the State of Pohnpei. See Solomon v. Alfons, 2 P.S.Ct.R 111.

3. The petitioners have taken custody and responsibility of the minor by mutual consent of all parties since May 20,1986. They have since developed love and affection toward one another and maintained the relationship of parent and child. They now seek to adopt the minor.

4. The petitioners are suitable and capable of providing for the welfare of the minor if this adoption is granted.

5. The parents have given their consent to the adoption of their child Norleen by the petitioners.

CONCLUSIONS OF LAW

[1-3] Proceedings in adoption of children in this State are governed by Title 39 of the Code of the Trust Territory of the Pacific Islands which remains in effect in this State even after the termination of the Trusteeship Agreement on November 3, 1986, on the implementation of provisions of the Compact of Free Association between the governments of the United States of America and the Federated States of Micronesia of which Pohnpei is a State. Pohnpei

[3 PN.L.R. 312]

State v. Mack, et al 2 P.S.Ct.R 269. It is under that law that the petitioners bring theirpetition. Section 252 of Title 39 reads in part,

". . . a husband and wife jointly may by decree of court adopt a child, not theirs by birth. . . "

An essential qualification is set forth at the beginning of the sentence in Section 252, which reads,

"Any suitable person . . . "

This is important because the Court cannot and should not allow an adoption where it is clearto it that the person or persons petitioning to adopt a minor are not suitable to so adopt. Adoption of child granted under Title 39 is for the purpose of enhancing the interest of the child. Thus, Section 254 reads,

"No adoption shall be granted under this title without the child proposed for adoption appearing before the court, and the adoption shall be granted only if the court is satisfied that the interests of the child will be promoted thereby."(Emphasis added)

Thus, in determining whether to grant a decree or order for the adoption of a minor child, the interest and welfare of the child are of primary and paramount consideration. Before granting a decree of adoption, the court must first determine that the best interest of the infant will be served and promoted by the change in the status.

[3 PN.L.R. 313]

Evidence as to the conduct, position, and attitudes of both parties, both before and after the filing of the adoption petition, is material in determining this issue. It is not enough that the adopting parents are willing to assume the obligations to the child imposed by the adoption statutes and that the natural parents are willing that the child be adopted by the petitioners. Proof of the moral character and ability of the petitioners is usually required, but the welfare of the child may be affected by many other considerations, such as the age, intelligence, health, and temperament of the petitioners, and the age, sex health, temperament, and other qualities of the child. There must be showing of mutual love and affection.

[4] The court to which an application for adoption is made is charged with the duty of protecting the child and its interests and, to bring those interests fully before it, it has authority to make rules to accomplish the end.

I find both petitioners to be mature in age and standing. They are lawfully married, have their own natural children and live in domestic happiness. They are Christians and discipline their family in the Faith. They have developed personal love and

[3 PN.L.R. 314]

affection toward the minor just as if it were one of their own children. I observe that the minor has developed in herself an attitude of love and security in the petitioners. I am satisfied that to continue in this relationship will promote the welfare of the minor.

[5] The natural parents were not present at the hearing. The Court proceeded in their absence notwithstanding. This Court had held Section 253 of Title 39 to mean that adoption may be granted under the statute where either "written consent of or notice to each of the known living legal parents . . . ." has been given. See In the Matter of the Adoption of Pentrik William, (1988) PCA No. 246-87. As here, the sworn consent of both the natural father and mother of Norleen are on file. There is no controversy against the petition for adoption.

[6] Section 252 of Title 39 permits the change of the name of a minor by a decree of adoption.

". . . and the decree may provide for change of name of the child."

Considering all the matters discussed herein, It is ORDERED, ADJUDGED and DECREED:

1. The petition for the adoption of Norleen Alfons is granted

[3 PN.L.R. 315]

to the petitioners, Dahker D. Daniel and his wife, Lois A. Daniel. The child and the petitioners 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. The natural parents of Norleen Alfons are hereby relieved from all parental responsibilities for the child and have no further right over it.

2. The name of the child is hereby changed from Norleen Alfons, so that she hereafter is named, known and referred to as DeeAnne D. Daniel.

3. This decree shall become final after 30 days from its entry without an appeal, or after an appeal which may be brought is finally decided.


	POHNPEI LAW REPORTS VOL. 3 [3 PN.L.R. 308] IN THE MATTER OF THE ADOPTION OF NORLEEN ALFONS, A Minor DAHKER D. DANIEL, & LOIS A. DANIEL, Petitioners Pohnpei Civil Action No. 254-88 Trial Division of the Pohnpei Supreme Court January 5, 1989 Petition for the adoption of a minor child. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held (1) that Title 39 of the Code of the Trust Territory of the Pacific Islands, which remained in effect after the termination of the Trusteeship Agreement on November 3, 1986, on the implementation of the provisions of the Compact of Free Association between the governments of the United States of America and the Federated States of Micronesia, governed proceedings in the adoption of children in Pohnpei; (2) and that adoption of a child granted under Title 39 was for the purpose of enhancing the interest of the child; thus in determining whether to grant a decree or order for the adoption of a minor child, the interest and welfare of the child were of primary and paramount consideration. 1. Domestic Relations - Adoption - Governing Law The adoption of a child in Pohnpei State is governed by Title 39 or the Code of the Trust Territory of the Pacific Islands which remains in effect in Pohnpei State even after the termination of the Trusteeship Agreement on November 3, 1986, on the implementation of the provisions of the Compact of Free Association between the governments of the United States of America and the Federated States of Micronesia of which Pohnpei is a State. [3 PN.L.R. 309] 2. Domestic Relations - Adoption - Purpose The adoption of a child granted under Title 39 of the Trust Territory Code is for the purpose of enhancing the interest of the child, thus "no adoption shall be granted under this title without the child proposed for adoption appearing before the court, and the adoption shall be granted only if the court is satisfied that the interests of the child will be promoted thereby." (39 TTC 254) 3. Domestic Relations - Adoption - Determinations By Court Before Grant - Evidence. Before granting a decree of adoption, the Court must determine that the best interest of the infant will be served and promoted by the change in the status. Evidence as to the conduct, position, and attitudes of both parties, both before and after the filing of the adoption petition, is material in determining the issue. It is not enough that the adopting parents are willing to assume the obligations to the child imposed by the adoption statutes and that the natural parents are willing that the child be adopted by the petitioners. Proof of moral character and ability of the petitioners is usually required, but the welfare of the child may be affected by many other considerations, such as age, intelligence,health, and temperament of the petitioners, andthe age, sex, health, temperament, and other qualities of the child. There must be showing of mutual love and affection. 4. Domestic Relations - Adoption - Courts - Duties The court to which an application for adoption is made is charged with the duty of protecting the child and its interests and, to bring those interests fully before it, it has authority to make rules to accomplish the end. 5. Domestic Relations - Adoption - Parental Consents - Statutes Construction The provisions of Section 253 of Title 39 mean that adoption may [3 PN.L.R. 310] be granted under the statute where either "written consent to or notice to each of the known living legal parents . . . has been given". 6. Domestic Relations - Adoption - Change of Name A decree of adoption may provide for change of name of the child (39 TTC 252) Counsel for Petitioners: Pro Se JUDAH C. JOHHNNY, Associate Justice This matter came on regularly to be heard before me on January 5, 1989, at Kolonia, State of Pohnpei. Present were the petitioners and the child Norleen Alfons. The natural parents were absent. FACTS The following facts were found: 1. The petitioners, both of whom are currently employed by this Court, are legally married and are citizens of the Federated States of Micronesia, and citizens and pwildak of the State of Pohnpei. 2. The natural parents, now customarily divorced, together with the minor Norleen are citizens of the Federated States [3 PN.L.R. 311] of Micronesia, and citizens and pwildak of the State of Pohnpei. See Solomon v. Alfons, 2 P.S.Ct.R 111. 3. The petitioners have taken custody and responsibility of the minor by mutual consent of all parties since May 20,1986. They have since developed love and affection toward one another and maintained the relationship of parent and child. They now seek to adopt the minor. 4. The petitioners are suitable and capable of providing for the welfare of the minor if this adoption is granted. 5. The parents have given their consent to the adoption of their child Norleen by the petitioners. CONCLUSIONS OF LAW [1-3] Proceedings in adoption of children in this State are governed by Title 39 of the Code of the Trust Territory of the Pacific Islands which remains in effect in this State even after the termination of the Trusteeship Agreement on November 3, 1986, on the implementation of provisions of the Compact of Free Association between the governments of the United States of America and the Federated States of Micronesia of which Pohnpei is a State. Pohnpei [3 PN.L.R. 312] State v. Mack, et al 2 P.S.Ct.R 269. It is under that law that the petitioners bring theirpetition. Section 252 of Title 39 reads in part, ". . . a husband and wife jointly may by decree of court adopt a child, not theirs by birth. . . " An essential qualification is set forth at the beginning of the sentence in Section 252, which reads, "Any suitable person . . . " This is important because the Court cannot and should not allow an adoption where it is clearto it that the person or persons petitioning to adopt a minor are not suitable to so adopt. Adoption of child granted under Title 39 is for the purpose of enhancing the interest of the child. Thus, Section 254 reads, "No adoption shall be granted under this title without the child proposed for adoption appearing before the court, and the adoption shall be granted only if the court is satisfied that the interests of the child will be promoted thereby."(Emphasis added) Thus, in determining whether to grant a decree or order for the adoption of a minor child, the interest and welfare of the child are of primary and paramount consideration. Before granting a decree of adoption, the court must first determine that the best interest of the infant will be served and promoted by the change in the status. [3 PN.L.R. 313] Evidence as to the conduct, position, and attitudes of both parties, both before and after the filing of the adoption petition, is material in determining this issue. It is not enough that the adopting parents are willing to assume the obligations to the child imposed by the adoption statutes and that the natural parents are willing that the child be adopted by the petitioners. Proof of the moral character and ability of the petitioners is usually required, but the welfare of the child may be affected by many other considerations, such as the age, intelligence, health, and temperament of the petitioners, and the age, sex health, temperament, and other qualities of the child. There must be showing of mutual love and affection. [4] The court to which an application for adoption is made is charged with the duty of protecting the child and its interests and, to bring those interests fully before it, it has authority to make rules to accomplish the end. I find both petitioners to be mature in age and standing. They are lawfully married, have their own natural children and live in domestic happiness. They are Christians and discipline their family in the Faith. They have developed personal love and [3 PN.L.R. 314] affection toward the minor just as if it were one of their own children. I observe that the minor has developed in herself an attitude of love and security in the petitioners. I am satisfied that to continue in this relationship will promote the welfare of the minor. [5] The natural parents were not present at the hearing. The Court proceeded in their absence notwithstanding. This Court had held Section 253 of Title 39 to mean that adoption may be granted under the statute where either "written consent of or notice to each of the known living legal parents . . . ." has been given. See In the Matter of the Adoption of Pentrik William, (1988) PCA No. 246-87. As here, the sworn consent of both the natural father and mother of Norleen are on file. There is no controversy against the petition for adoption. [6] Section 252 of Title 39 permits the change of the name of a minor by a decree of adoption. ". . . and the decree may provide for change of name of the child." Considering all the matters discussed herein, It is ORDERED, ADJUDGED and DECREED: 1. The petition for the adoption of Norleen Alfons is granted [3 PN.L.R. 315] to the petitioners, Dahker D. Daniel and his wife, Lois A. Daniel. The child and the petitioners 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. The natural parents of Norleen Alfons are hereby relieved from all parental responsibilities for the child and have no further right over it. 2. The name of the child is hereby changed from Norleen Alfons, so that she hereafter is named, known and referred to as DeeAnne D. Daniel. 3. This decree shall become final after 30 days from its entry without an appeal, or after an appeal which may be brought is finally decided.