Adoption and Name Change of Adihna Neth

POHNPEI LAW REPORTS

VOL. 3

[3 PN.L.R. 47]

IN THE MATTER OF THE

ADOPTION AND NAME CHANGE OF

ADIHNA NETH,

A Minor

BEHSEL POLL and MALLEY POLL,

Petitioners

Pohnpei Civil Action No. 181-87

Trial Division of the Pohnpei Supreme Court

February 29, 1988

Petition for the adoption of a minor. Natural parental consent to the adoption was granted only by the minor's mother though the known father was alive. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting an order of adoption, held that consent of the father was not necessary since he had not acknowledged being the father nor provided the child any support since birth.

1. Domestic Relations - Adoption - Parental Consent

Where the known living father of a minor child has neither acknowledged being the father of the child nor provided support for the child since birth his consent is not essential to a proposed adoption of the child by another person.

2. Statutes - Applicability of Trust Territory Statutes

Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands, remains applicable to Pohnpei State.

3. Domestic Relations - Adoption - Effect

The adoptive parents hold toward the minor a legal and customary parental right, duty and responsibility as if the minor is their own natural issue, and the minor is entitled to exercise a reciprocal legal

[3 PN.L.R. 48]

and customary parent-child right, duty and responsibility toward the adoptive parents as if they were her own natural parents (39 TTC 252).

Counsel for All Parties: Micronesian Legal Services Corporation

JUDAH C. JOHNNY, Associate Justice

This matter came on regularly for hearing before me on February 29, 1988.

Both petitioners were present with minor Adihna Neth, and Nelsipa Neth, the natural mother. The Micronesian Legal Services Corporation by Tino Donre appeared as counsel for all.

The petitioners brought their petition seeking, under the laws of this State, for a decree of this Court to name them the legal adoptive parents of Adihna Neth.

From the evidence adduced in Court, I found the following:

1. The petitioners, citizens of the Federated States of Micronesia, are lawful husband and wife, and residents of the State of Pohnpei. They join in this petition.

[1] 2. Adihna Neth, is the natural child of Nelsipa Neth, a citizen of the Federated States of Micronesia, and legal resident of

[3 PN.L.R. 49]

the State of Pohnpei. Certificate of Live Birth No. 290-87, which is on file with the Clerk of this Court indicates no name of the natural father of the child, though the natural mother acknowledged having knowledge of the known living father, he has neither acknowledged being the father, nor provided support for the minor since birth.

3. The petitioners are gainfully employed with the State Government, the husband as an educator and the wife as a dental nurse.

4. The petitioners are adjudged fit and proper to adopt the minor. The welfare of this minor well be promoted by this adoption.

[2-3] Accordingly, it is Ordered and Decreed:

1. The petition of Behsel Poll and Malley Poll is granted, so that these petitioners by virtue of Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands, which remains applicable to this State, shall hold to ward the minor a legal and customary parental right, duty and responsibility as if the minor were their own natural issue, and so

[3 PN.L.R. 50]

that the minor shall exercise a reciprocal legal and customary parent-child right, duty and responsibility toward the petitioners as if they were her own natural parents.

2. The name of the minor is hereby changed to Jazmin B. Poll, and she shall now and for ever be known and referred to by that name.


	POHNPEI LAW REPORTS VOL. 3 [3 PN.L.R. 47] IN THE MATTER OF THE ADOPTION AND NAME CHANGE OF ADIHNA NETH, A Minor BEHSEL POLL and MALLEY POLL, Petitioners Pohnpei Civil Action No. 181-87 Trial Division of the Pohnpei Supreme Court February 29, 1988 Petition for the adoption of a minor. Natural parental consent to the adoption was granted only by the minor's mother though the known father was alive. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting an order of adoption, held that consent of the father was not necessary since he had not acknowledged being the father nor provided the child any support since birth. 1. Domestic Relations - Adoption - Parental Consent Where the known living father of a minor child has neither acknowledged being the father of the child nor provided support for the child since birth his consent is not essential to a proposed adoption of the child by another person. 2. Statutes - Applicability of Trust Territory Statutes Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands, remains applicable to Pohnpei State. 3. Domestic Relations - Adoption - Effect The adoptive parents hold toward the minor a legal and customary parental right, duty and responsibility as if the minor is their own natural issue, and the minor is entitled to exercise a reciprocal legal [3 PN.L.R. 48] and customary parent-child right, duty and responsibility toward the adoptive parents as if they were her own natural parents (39 TTC 252). Counsel for All Parties: Micronesian Legal Services Corporation JUDAH C. JOHNNY, Associate Justice This matter came on regularly for hearing before me on February 29, 1988. Both petitioners were present with minor Adihna Neth, and Nelsipa Neth, the natural mother. The Micronesian Legal Services Corporation by Tino Donre appeared as counsel for all. The petitioners brought their petition seeking, under the laws of this State, for a decree of this Court to name them the legal adoptive parents of Adihna Neth. From the evidence adduced in Court, I found the following: 1. The petitioners, citizens of the Federated States of Micronesia, are lawful husband and wife, and residents of the State of Pohnpei. They join in this petition. [1] 2. Adihna Neth, is the natural child of Nelsipa Neth, a citizen of the Federated States of Micronesia, and legal resident of [3 PN.L.R. 49] the State of Pohnpei. Certificate of Live Birth No. 290-87, which is on file with the Clerk of this Court indicates no name of the natural father of the child, though the natural mother acknowledged having knowledge of the known living father, he has neither acknowledged being the father, nor provided support for the minor since birth. 3. The petitioners are gainfully employed with the State Government, the husband as an educator and the wife as a dental nurse. 4. The petitioners are adjudged fit and proper to adopt the minor. The welfare of this minor well be promoted by this adoption. [2-3] Accordingly, it is Ordered and Decreed: 1. The petition of Behsel Poll and Malley Poll is granted, so that these petitioners by virtue of Title 39, Section 252, of the Code of the Trust Territory of the Pacific Islands, which remains applicable to this State, shall hold to ward the minor a legal and customary parental right, duty and responsibility as if the minor were their own natural issue, and so [3 PN.L.R. 50] that the minor shall exercise a reciprocal legal and customary parent-child right, duty and responsibility toward the petitioners as if they were her own natural parents. 2. The name of the minor is hereby changed to Jazmin B. Poll, and she shall now and for ever be known and referred to by that name.