In the matter of the Customary Adopt.(1989)

POHNPEI LAW REPORTS

VOL.3

[3A PN.L.R.604]

IN THE MATTER OF THE CUSTOMARY ADOPTIONS OF

MARY REDES, GINAH REDES, NELPERSON REDES, ARLINE REDES, JAYLEEN REDES, AND BILLY BOY REDES,

Minors

ROBERT REDES AND ANGKELA REDES,

Petitioners

Pohnpei Civil Action No. 154-89

Trial Division of the Pohnpei Supreme Court

September 14, 1989

Petition for the confirmation of customary adoptions of six minor children. The relationship between the petitioners and the children as parents and children was questioned when they were to be named as children beneficiaries of the petitioners under the F.S.M. Health Insurance Scheme. The Trial Division of the Pohnpei Supreme Court, YOSTER CARL, Associate Justice, granting the petition, held that:

(1) customary adoption is legal as well as statutory adoption in the Federated States of Micronesia;

(2) customary adoption is effected by its own terms and required no approval by the Court;

[3A PN.L.R.605]

(3) where the validity of the customary adoption was questioned, the Court was by statute vested with jurisdiction to confirm the existence or nonexistence of a customary adoption; and

(4) 39 TTC, Section 5, relating to the confirmation of customary adoptions by the Court was still in effect in the State of Pohnpei.

1. Domestic Relations - Adoption

Adoptions under custom as well as statute are legal in the Federated States of Micronesia [Pohnpei].

2. Domestic Relations - Adoption - Customary Adoption

Customary adoption is effected by its own terms and requires no approval by the Court.

3. Domestic Relations - Adoption - Customary Adoption Confirmation - Courts - Jurisdiction

Where the validity of a customary adoption is questioned the Court has jurisdiction to confirm the existence or nonexistence of the adoption.

4. Statutes - Laws of Pohnpei

The provisions of 39 TTC, Section 5, relating to the confirmation of customary adoptions by the Court are still in effect in the State of Pohnpei.

Counsel for Petitioners: Pro Se

YOSTER CARL, Associate Justice

This cause came before me upon the petitioners' petition, dated May 23, 1989, seeking confirmation of the customary adoptions of six minor children, namely Mary Redes, Ginah Redes, Nelperson Redes, Arline Redes, Jayleen Redes, and Billy Boy

[3A PN.L.R.606]

Redes.

This Court is satisfied based upon the findings on file and representations offered in the hearing that the petitioners are husband and wife. The petitioners adopted the above named children in accordance with Pohnpeian recognized custom. The natural parents of the above-named minors consented to the adoptions. In support of their consents, they filed affidavits confirming that the minors were adopted by petitioners, Robert Redes and his wife.

The purpose of the petition for confirmation is that the relationship between the petitioners and the children is questioned, necessitating confirmation of that relationship by this Court under 39 TTC, Section 5.

OPINION

Customary adoption is legal as well as the statutory adoption in the Federated States of Micronesia. Customary adoption is effected by its own terms and requires no approval by this Court. However, when the validity of such adoption is questioned, this Court is vested with jurisdiction established by statute to confirm the existence or nonexistence of such adoption in accordance with

[3A PN.L.R.607]

39 TTC, Section 5, which is still in effect in the State of Pohnpei. 39

TTC, Section 5, reads,

"When an annulment, divorce, or adoption has been effected in the Trust Territory in accordance with recognized custom and the validity thereof is questioned or disputed by anyone in such a manner as to cause serious embarrassment to or affect the property rights of any of the parties or their children, any party thereto or any of his children may bring a petition in the high court for a decree confirming the annulment, divorce, or adoption effected in accordance with recognized custom... If, after notice to all parties still living and a hearing, the court is satisfied that the annulment, divorce, or adoption alleged is valid in accordance with recognized custom in the part of the Trust Territory where it was effected, the high court shall enter a decree confirming the annulment, divorce, or adoption."

It is clear that the status of the children has been questioned because of the statutory provision of this nation to name them as beneficiaries to the FSM Health Insurance Policy. This being the case, this Court has jurisdiction to confirm the customary adoption.

1. The adoptions of Mary Redes, Ginah Redes, Nelperson Redes, Arline Redes, Jayleen Redes, and Billy Boy Redes, by the petitioners, Robert Redes and his wife Angela Redes, are hereby confirmed as valid under recognized custom of Pohnpei.

2. These adoptions are absolute from the date each of the above-named children was adopted by the petitioners, but not until the period of appeal has run without an appeal being filed or until any appeal taken shall have been finally disposed of.


	POHNPEI LAW REPORTS VOL.3 [3A PN.L.R.604] IN THE MATTER OF THE CUSTOMARY ADOPTIONS OF MARY REDES, GINAH REDES, NELPERSON REDES, ARLINE REDES, JAYLEEN REDES, AND BILLY BOY REDES, Minors ROBERT REDES AND ANGKELA REDES, Petitioners Pohnpei Civil Action No. 154-89 Trial Division of the Pohnpei Supreme Court September 14, 1989 Petition for the confirmation of customary adoptions of six minor children. The relationship between the petitioners and the children as parents and children was questioned when they were to be named as children beneficiaries of the petitioners under the F.S.M. Health Insurance Scheme. The Trial Division of the Pohnpei Supreme Court, YOSTER CARL, Associate Justice, granting the petition, held that: (1) customary adoption is legal as well as statutory adoption in the Federated States of Micronesia; (2) customary adoption is effected by its own terms and required no approval by the Court; [3A PN.L.R.605] (3) where the validity of the customary adoption was questioned, the Court was by statute vested with jurisdiction to confirm the existence or nonexistence of a customary adoption; and (4) 39 TTC, Section 5, relating to the confirmation of customary adoptions by the Court was still in effect in the State of Pohnpei. 1. Domestic Relations - Adoption Adoptions under custom as well as statute are legal in the Federated States of Micronesia [Pohnpei]. 2. Domestic Relations - Adoption - Customary Adoption Customary adoption is effected by its own terms and requires no approval by the Court. 3. Domestic Relations - Adoption - Customary Adoption Confirmation - Courts - Jurisdiction Where the validity of a customary adoption is questioned the Court has jurisdiction to confirm the existence or nonexistence of the adoption. 4. Statutes - Laws of Pohnpei The provisions of 39 TTC, Section 5, relating to the confirmation of customary adoptions by the Court are still in effect in the State of Pohnpei. Counsel for Petitioners: Pro Se YOSTER CARL, Associate Justice This cause came before me upon the petitioners' petition, dated May 23, 1989, seeking confirmation of the customary adoptions of six minor children, namely Mary Redes, Ginah Redes, Nelperson Redes, Arline Redes, Jayleen Redes, and Billy Boy [3A PN.L.R.606] Redes. This Court is satisfied based upon the findings on file and representations offered in the hearing that the petitioners are husband and wife. The petitioners adopted the above named children in accordance with Pohnpeian recognized custom. The natural parents of the above-named minors consented to the adoptions. In support of their consents, they filed affidavits confirming that the minors were adopted by petitioners, Robert Redes and his wife. The purpose of the petition for confirmation is that the relationship between the petitioners and the children is questioned, necessitating confirmation of that relationship by this Court under 39 TTC, Section 5. OPINION Customary adoption is legal as well as the statutory adoption in the Federated States of Micronesia. Customary adoption is effected by its own terms and requires no approval by this Court. However, when the validity of such adoption is questioned, this Court is vested with jurisdiction established by statute to confirm the existence or nonexistence of such adoption in accordance with [3A PN.L.R.607] 39 TTC, Section 5, which is still in effect in the State of Pohnpei. 39 TTC, Section 5, reads, "When an annulment, divorce, or adoption has been effected in the Trust Territory in accordance with recognized custom and the validity thereof is questioned or disputed by anyone in such a manner as to cause serious embarrassment to or affect the property rights of any of the parties or their children, any party thereto or any of his children may bring a petition in the high court for a decree confirming the annulment, divorce, or adoption effected in accordance with recognized custom... If, after notice to all parties still living and a hearing, the court is satisfied that the annulment, divorce, or adoption alleged is valid in accordance with recognized custom in the part of the Trust Territory where it was effected, the high court shall enter a decree confirming the annulment, divorce, or adoption." It is clear that the status of the children has been questioned because of the statutory provision of this nation to name them as beneficiaries to the FSM Health Insurance Policy. This being the case, this Court has jurisdiction to confirm the customary adoption. 1. The adoptions of Mary Redes, Ginah Redes, Nelperson Redes, Arline Redes, Jayleen Redes, and Billy Boy Redes, by the petitioners, Robert Redes and his wife Angela Redes, are hereby confirmed as valid under recognized custom of Pohnpei. 2. These adoptions are absolute from the date each of the above-named children was adopted by the petitioners, but not until the period of appeal has run without an appeal being filed or until any appeal taken shall have been finally disposed of.