[3A PN.L.R.544]

A Minor


Pohnpei Civil Action No. 96-89

Trial Division of the Pohnpei Supreme Court

July 17, 1989

     Petition for the confirmation of the adoption of a Micronesian child. The natural parents who had severally filed their personal consent to the adoption were not present at the hearing. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that with the filing of the consent of the natural parents to the child's adoption nothing prevented the Court from confirming the adoption.

1.      Domestic Relations - Adoption - Procedure

Where the actual parents of an infant proposed for adoption file their written consent to the adoption they need not be present at the hearing of the petition for adoption.

2.      Domestic Relations - Adoption

Where the natural parents of an infant proposed for adoption have filed their written consent to the adoption their absence at the hearing of the adoption petition is not a bar to the granting of the petition.

Counsel for Petitioner:           Stehen R. Skipton, Esq.,
Micronesian Legal Services Corporation

[3A PN.L.R.545]

JUDAH C. JOHNNY, Associate Justice

     This matter came on before me on petitioner Enely Ikosia's motion to confirm the adoption of Joe Boy Ikosia. The petitioner was represented by Stephen R. Skipton of the Micronesian Legal Services Corporation. The minor was present in court. I find the following facts:

     1. The, petitioner is a widow, formerly the lawful wife of Kenny Ikosia who died April 27, 1989, both citizens of the Federated States of Micronesia, legal residents of the State of Pohnpei. The petitioner and the husband, now deceased, adopted Joe Boy Ikosia prior to the-death of Kenny Ikosia, according to established Pohnpei custom.

     2. Joe Boy Ikosia was born on January 11,1980, of Milerihna Solomon and Pihdry Ikosia. He is a citizen of the Federated States of Micronesia, legal resident of the State of Pohnpei.

     3. Minor Joe Boy Ikosia has since adoption become a member of the family and household of Enely and Kenny Ikosia to the present.

[3A PN.L.R.546]

4. The natural parents consented to the adoption.

     [1-2] While neither one of the natural parents was present in this hearing, they have severally filed their personal consent, both of which indicated their consent to the adoption. There remains nothing furtherto prevent this Court from confirming this adoption.

     Accordingly, it is ORDERED, ADJUDGED and DECREED:

     1. The customary adoption which was effected by and between the petitioner, including Kenny Ikosia, deceased, and Milerihna Solomon and Pihdry Ikosia for minor Joe Boy Ikosia is heretofore confirmed. Joe Boy Ikosia shall hereafter remain a customarily adopted child of Enely and Kenny Ikosia.

     2. The name of the minor, originally shown on Pohnpei State Birth Registration No. 285-81 is confirmed in accordance with the adoption, as Joe Boy Ikosia.

     3. This decree shall become final after the period of appeal without appeal, or after an appeal which may be filed is finally disposed of.

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