POHNPEI LAW REPORTS
[3 PN.L.R. 66]
IN THE MATTER OF THE
ADOPTION OF ENSTER ELWISE,
Pohnpei Civil Action No. 15-88
Trial Division of the Pohnpei Supreme Court
March 17, 1988
Petition for the adoption of a child by the legal husband of the child's mother. The child was born before the petitioner married the mother, and there was no known living father of the child. Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, granting the petition, held that the mother's consent was sufficient.
Domestic Relations - Adoption - Parental Consent
Where there is no known living legal father of a child the mother's. consent is sufficient for the child's adoption.
Counsel for Petitioner: Ander Norman
Micronesian Legal Services Corporation
JUDAH C. JOHNNY, Associate Justice
[3 PN.L.R. 67]
In the Trial Division of the Supreme Court, the State of Pohnpei, on March 17, 1988. Present were the petitioner, the natural mother, the minor and counsel Ander Norman of the Micronesian Legal Services Corporation. The petitioner and the natural mother personally testified.
The following facts were found from the evidence:
1. The petitioner, a 41 years old able man is the legal husband of the natural mother of the child and both are citizens of the Federated States of Micronesia, legal residents of the State of Pohnpei Municipality of Kitti. The petitioner is gainfully employed by the Pohnpei State Government.
2. The minor was born before marriage of the petitioner to its mother.
3. There was no known living legal father. The natural mother consents to the adoption.
4. The petitioner is suitable to adopt the minor.
The petition is brought under 39 TTC 252. The law provides
[3 PN.L.R. 68]
"Any suitable person who is not married or is married to the father or mother of a child . . . may by decree of court adopt a 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 remain the same, subject, however to the rights acquired by and duties imposed upon the adopting parent by reason of the adoption."
I find petitioner suitable to adopt the child, and that the welfare of the child morally and economically, will be enhanced by this adoption.
Accordingly, it is ORDERED, ADJUDGED, and DECREED:
1. The petitioner is granted a decree of adoption. The child and the petitioner, shall hold towards each other the legal relation of parent and child and have all the rights and be subject to all the duties of that relationship. This right comes into joint existence with the relationship between the child and the natural mother as if the petitioner was a natural parent.
2. The name of the child shall be changed from that of Enster Elwise so that he hereafter be named and known as ENSTER HADLEY.