Kansou II Hadley Phillip

POHNPEI LAW REPORTS

VOL. 3

[3 PN.L.R. 274]

IN THE MATTER OF THE ADOPTION AND

NAME CHANGE OF KANSO II HADLEY PHILLIP,

A Minor

HERMAN SABLAN AND NADINE P. SABLAN

Petitioners

Pohnpei Civil Action No. 262-88

Trial Division of the Pohnpei Supreme Court

December 29, 1988

Petition for the adoption and name change of a Pohnpeian child by husband and wife who were citizens of the Northern Marianas and the Federated States of Micronesia, respectively. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that inasmuch as the F.S.M. Code provided that the natural parents of the adopted child were, from the time of adoption relieved of all parental duties toward the child and all responsibilities for the child so adopted, and had no right over it, in a jurisdiction where the "extended family system" controlled the family unit, that provision of the Code ran afoul of that custom as the customs and traditions of Pohnpei should be respected and protected. Hence, the effect of the customary provision in relation to adoptions effected in Pohnpei, if no other specific term was expressed by the adopting parents and the natural parents, was that a dual parentage of the child so adopted was created by the adoption, the adopting parents thus exercising superior right and responsibility over the child so adopted.

1. Domestic Relations-Adoption-Incidence of Adoption-Constitutional Law

From the time of adoption, the natural parents of an adopted child are relieved of all parental duties toward the child and all responsibilities for the child, and have no rights over it. But in Pohnpei where the "extended family system" controls the family unit, and

[3 PN.L.R. 275]

where the State is mandated by the Pohnpei Constitution, Art. 5, Section 2, to respect and protect the customs and traditions of Pohnpei, the effect of the customary provision in relation to adoptions effected in Pohnpei is that, if no other specific term is expressed by the adopting parents and the natural parents, a dual parentage of the child so adopted is created by the adoption, the adopting parents to exercise superior right and responsibility over the child so adopted.

2. Domestic Relations - Adoption - Incidence of Adoption

The dual parentage created by the adoption of a Pohnpeian child provides an avenue whereby the child may return to his natural parents under circumstances where his adoptive parents die in the future and the child encounters difficulty living with his adoptive siblings, or where the adoptive parents for any reason decide to force the child to leave them, or the adoptive parents disinherit the child, odor any other legitimate reasons which would justify the termination of the relationship created by the adoption.

3. Domestic Relations - Adoption - Incidence of Adoption - Custom

A Pohnpeian child who has for any reason left his parents or has been adopted out of his natural family is always received back by his Pohnpeian natural parents with open arms.

Counsel for Petitioner: Tino Donre

Trial Counselor

Micronesian Legal Services Corporation

EDWEL H. SANTOS, Chief Justice

The petitioners, husband and wife, petitioned this Court for a

[3 PN.L.R. 276]

decree to adopt the child named in the caption. The Court made the following findings:

1. The petitioners now reside in the Commonwealth of the Northern Marianas. Herman Sablan is a citizen of the Commonwealth of the Northern Marianas and Nadine P. Sablan still maintains her Federated States of Micronesia citizenship.

2. The child, a male, was born out of wedlock on May 29,1988, in the Commonwealth of the Northern Marianas of one, Switie Hadley Phillip, a younger sister of Nadine P. Sablan.

3. The natural mother of the child resides with the petitioners in the Commonwealth of the Northern Marianas, and the child, proposed for adoption here, has resided with and has been cared for by the petitioners ever since his birth.

The Law

"Any suitable person who is not married, or is married to the father or mother of a minor child, or a husband and wife jointly may by decree of court adopt a minor child, not theirs by birth, and the decree may provide for change of the name of the child. If the child is adopted by a person married to the father or mother of the child, the same rights and duties which previously existed between such natural parent and child shall be and

[3 PN.L.R. 277]

remain the same, subject, however, to the rights acquired by and the duties imposed upon the adopting parent by reason of the adoption.6 FSMC 1632 (1).

I find the petitioners to be suitable to adopt the child herein proposed for adoption.

"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,nor shall any adoption of a child of over the age of twelve years be granted without the consent of the child," 6 FSMC 1633.

The natural mother of the child is a younger sister of the petitioning mother, and according to the representation of both petitioners, "the matter of this adoption had been negotiated with the natural mother who had expressed her consent to the adoption."

Additionally, the affidavit of Erwine L. Hadley, indicates that "Switie H. Phillip has full knowledge of the adoption and that she consents to the same, including the change of the child's name. I hold that this procedure satisfies the notice requirement.

"No adoption shall be granted . . . without the child proposed for adoption appearing before the court, and the

[3 PN.L.R. 278]

adoption shall be granted only if the Court is satisfied that the interests of the child will be promoted thereby." 6 FSMC 1634 (1).

The child proposed for adoption here appeared before me in my chambers, and I am satisfied that the welfare and the best interest of the child will be promoted by the adoption.

The effect of an adoption, effected civilly or customarily, is that the "child adopted and the adopting parent orparents shall hold towards each otherthe legal relation of parent and child and have all the rights and be subject to all the duties of that relationship." 6 FSMC 1635 (1).

[1-3] The Code provides further that the natural parents of the adopted child are, from the time of adoption, relieved of all parental duties toward the child and all responsibilities for the child so adopted, and have no right over it. In a jurisdiction where the "extended family system" controls the family unit, this provision of the Code runs afoul of that custom. The State shall respect and protect the customs and traditions of Pohnpei. PNI Const. Art. 5, Sec. 2. Hence, the effect of this customary provision in relation to adoptions effected in Pohnpei, if no other specific term is expressed by the adopting parents and the natural parents, is that a

[3 PN.L.R. 279]

dual parentage of the child so adopted is created by the adoption, the adopting parents thus to exercise superior right and responsibility over the child so adopted. This in effect provides an avenue whereby the child may return to his natural parents under circumstances where his adoptive parents may die in the future and the child encounters difficulty living with his adoptive siblings, or the adoptive parents, for any reason, decide to force the child to leave them, or the adoptive parents disinherit the child, or for any other legitimate reasons which would justify the termination of the relationship created by the adoption. Pohnpeian parents always keep open arms to receive back their children who had left them for any reason, including the reason of adoption out of the natural family.

The adoption of Kanso II Hadley Phillip fulfills all statutory and customary requirements and should be granted. Accordingly it is ORDERED, ADJUDGED and DECREED that:

1. The petitioners, Herman Sablan and Nadine P. Sablan, husband and wife, are granted a decree (nisi) of adoption of Kanso II Hadley Phillip, whose natural mother is Switie Hadley Phillip, a

[3 PN.L.R. 280]

citizen of Pohnpei, currently residing in the Commonwealth of the Northern Marianas. This decree shall become absolute 30 days after entry in the docket if no appeal is lodged by any party, including the State of Pohnpei in its capacity as the parens patriae, with this Court within that 30-day period.

2. The name of the child is changed from Kanso II Hadley Phillip to Kanso II P. Sablan, and he shall henceforth be known as Kanso II P. Sablan.

3. This decree establishes the parents and child relationship between the petitioners and the child in accordance with the law of this State.

So ordered, December 29, 1988.


	POHNPEI LAW REPORTS VOL. 3 [3 PN.L.R. 274] IN THE MATTER OF THE ADOPTION AND NAME CHANGE OF KANSO II HADLEY PHILLIP, A Minor HERMAN SABLAN AND NADINE P. SABLAN Petitioners Pohnpei Civil Action No. 262-88 Trial Division of the Pohnpei Supreme Court December 29, 1988 Petition for the adoption and name change of a Pohnpeian child by husband and wife who were citizens of the Northern Marianas and the Federated States of Micronesia, respectively. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, granting the petition, held that inasmuch as the F.S.M. Code provided that the natural parents of the adopted child were, from the time of adoption relieved of all parental duties toward the child and all responsibilities for the child so adopted, and had no right over it, in a jurisdiction where the "extended family system" controlled the family unit, that provision of the Code ran afoul of that custom as the customs and traditions of Pohnpei should be respected and protected. Hence, the effect of the customary provision in relation to adoptions effected in Pohnpei, if no other specific term was expressed by the adopting parents and the natural parents, was that a dual parentage of the child so adopted was created by the adoption, the adopting parents thus exercising superior right and responsibility over the child so adopted. 1. Domestic Relations-Adoption-Incidence of Adoption-Constitutional Law From the time of adoption, the natural parents of an adopted child are relieved of all parental duties toward the child and all responsibilities for the child, and have no rights over it. But in Pohnpei where the "extended family system" controls the family unit, and [3 PN.L.R. 275] where the State is mandated by the Pohnpei Constitution, Art. 5, Section 2, to respect and protect the customs and traditions of Pohnpei, the effect of the customary provision in relation to adoptions effected in Pohnpei is that, if no other specific term is expressed by the adopting parents and the natural parents, a dual parentage of the child so adopted is created by the adoption, the adopting parents to exercise superior right and responsibility over the child so adopted. 2. Domestic Relations - Adoption - Incidence of Adoption The dual parentage created by the adoption of a Pohnpeian child provides an avenue whereby the child may return to his natural parents under circumstances where his adoptive parents die in the future and the child encounters difficulty living with his adoptive siblings, or where the adoptive parents for any reason decide to force the child to leave them, or the adoptive parents disinherit the child, odor any other legitimate reasons which would justify the termination of the relationship created by the adoption. 3. Domestic Relations - Adoption - Incidence of Adoption - Custom A Pohnpeian child who has for any reason left his parents or has been adopted out of his natural family is always received back by his Pohnpeian natural parents with open arms. Counsel for Petitioner: Tino Donre Trial Counselor Micronesian Legal Services Corporation EDWEL H. SANTOS, Chief Justice The petitioners, husband and wife, petitioned this Court for a [3 PN.L.R. 276] decree to adopt the child named in the caption. The Court made the following findings: 1. The petitioners now reside in the Commonwealth of the Northern Marianas. Herman Sablan is a citizen of the Commonwealth of the Northern Marianas and Nadine P. Sablan still maintains her Federated States of Micronesia citizenship. 2. The child, a male, was born out of wedlock on May 29,1988, in the Commonwealth of the Northern Marianas of one, Switie Hadley Phillip, a younger sister of Nadine P. Sablan. 3. The natural mother of the child resides with the petitioners in the Commonwealth of the Northern Marianas, and the child, proposed for adoption here, has resided with and has been cared for by the petitioners ever since his birth. The Law "Any suitable person who is not married, or is married to the father or mother of a minor child, or a husband and wife jointly may by decree of court adopt a minor child, not theirs by birth, and the decree may provide for change of the name of the child. If the child is adopted by a person married to the father or mother of the child, the same rights and duties which previously existed between such natural parent and child shall be and [3 PN.L.R. 277] remain the same, subject, however, to the rights acquired by and the duties imposed upon the adopting parent by reason of the adoption.6 FSMC 1632 (1). I find the petitioners to be suitable to adopt the child herein proposed for adoption. "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,nor shall any adoption of a child of over the age of twelve years be granted without the consent of the child," 6 FSMC 1633. The natural mother of the child is a younger sister of the petitioning mother, and according to the representation of both petitioners, "the matter of this adoption had been negotiated with the natural mother who had expressed her consent to the adoption." Additionally, the affidavit of Erwine L. Hadley, indicates that "Switie H. Phillip has full knowledge of the adoption and that she consents to the same, including the change of the child's name. I hold that this procedure satisfies the notice requirement. "No adoption shall be granted . . . without the child proposed for adoption appearing before the court, and the [3 PN.L.R. 278] adoption shall be granted only if the Court is satisfied that the interests of the child will be promoted thereby." 6 FSMC 1634 (1). The child proposed for adoption here appeared before me in my chambers, and I am satisfied that the welfare and the best interest of the child will be promoted by the adoption. The effect of an adoption, effected civilly or customarily, is that the "child adopted and the adopting parent orparents shall hold towards each otherthe legal relation of parent and child and have all the rights and be subject to all the duties of that relationship." 6 FSMC 1635 (1). [1-3] The Code provides further that the natural parents of the adopted child are, from the time of adoption, relieved of all parental duties toward the child and all responsibilities for the child so adopted, and have no right over it. In a jurisdiction where the "extended family system" controls the family unit, this provision of the Code runs afoul of that custom. The State shall respect and protect the customs and traditions of Pohnpei. PNI Const. Art. 5, Sec. 2. Hence, the effect of this customary provision in relation to adoptions effected in Pohnpei, if no other specific term is expressed by the adopting parents and the natural parents, is that a [3 PN.L.R. 279] dual parentage of the child so adopted is created by the adoption, the adopting parents thus to exercise superior right and responsibility over the child so adopted. This in effect provides an avenue whereby the child may return to his natural parents under circumstances where his adoptive parents may die in the future and the child encounters difficulty living with his adoptive siblings, or the adoptive parents, for any reason, decide to force the child to leave them, or the adoptive parents disinherit the child, or for any other legitimate reasons which would justify the termination of the relationship created by the adoption. Pohnpeian parents always keep open arms to receive back their children who had left them for any reason, including the reason of adoption out of the natural family. The adoption of Kanso II Hadley Phillip fulfills all statutory and customary requirements and should be granted. Accordingly it is ORDERED, ADJUDGED and DECREED that: 1. The petitioners, Herman Sablan and Nadine P. Sablan, husband and wife, are granted a decree (nisi) of adoption of Kanso II Hadley Phillip, whose natural mother is Switie Hadley Phillip, a [3 PN.L.R. 280] citizen of Pohnpei, currently residing in the Commonwealth of the Northern Marianas. This decree shall become absolute 30 days after entry in the docket if no appeal is lodged by any party, including the State of Pohnpei in its capacity as the parens patriae, with this Court within that 30-day period. 2. The name of the child is changed from Kanso II Hadley Phillip to Kanso II P. Sablan, and he shall henceforth be known as Kanso II P. Sablan. 3. This decree establishes the parents and child relationship between the petitioners and the child in accordance with the law of this State. So ordered, December 29, 1988.