In the matter of Birthday(1989)

POHNPEI LAW REPORTS

VOL.3A

[3A PN.L.R.556]

IN THE MATTER OF

BIRTH CERTIFICATE No. 25-60

ERWINE SEMES,

Petitioner

Pohnpei Civil Action No. 175-89

Trial Division of the Pohnpei Supreme Court

July 20, 1989

Petition for change of family name. The petitionerwas born out of wedlock but her natural parents were later married. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, granting the petition, held that the subsequent marriage of the parents legitimated the petitioner.

1. Domestic Relations - Marriage - Pohnpetan Custom and Tradition Status of Child born before Marriage.

In Pohnpeian tradition, sexual intercourse between two persons when engaging in marriage is not prohibited. This at times, obviously leads to children being born to the engaging couple prior to marriage, but quite clearly when born out of wedlock a child is illegitimate.

2. Domestic Relations - Marriage - Legitimation of Child Born out of wedlock.

The subsequent marriage of the natural parents of a child born out of wedlock legitimates the child.

Counsel for Petitioner: None

JUDAH C. JOHNNY, Associate Justice

This mattercame on specially before this Court on the reason that the petitioner is scheduled to travel to Guam on July 21,1989,

[3A PN.L.R.557]

for educational purposes. She seeks leave of this Court to change her family name. Based on the affidavits on file, this Court is satisfied that under Pohnpeian custom, she is a legitimate issue of Selerino Semes.

"In Pohnpei tradition, sexual intercourse between two persons when engaging in marriage is not prohibited. This at times, obviously leads to children being born to the engaging couple prior to marriage. Quite clearly when born out of wedlock, it [a child] is illegitimate. However, if and when the man (father) marries the mother, the child is legitimated. In re: Adoption of Sostos Henly, PCA 53-88 (1988)

This is what happens in the matter before the Court. The child, Erwine Lucios, the petitioner herein, is a true legitimate child of Selerino Semes. The records must be accordingly corrected.

Accordingly, it is ORDERED,

1. The name Erwine Lucios shall be corrected to Erwine Semes to lawfully identify the petitioner.

2. The Clerk of Courts is instructed to correct all records in his custody pertaining to the petitioner, so that she will be known as and called ERWINE SEMES.


	POHNPEI LAW REPORTS VOL.3A [3A PN.L.R.556] IN THE MATTER OF BIRTH CERTIFICATE No. 25-60 ERWINE SEMES, Petitioner Pohnpei Civil Action No. 175-89 Trial Division of the Pohnpei Supreme Court July 20, 1989 Petition for change of family name. The petitionerwas born out of wedlock but her natural parents were later married. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, granting the petition, held that the subsequent marriage of the parents legitimated the petitioner. 1. Domestic Relations - Marriage - Pohnpetan Custom and Tradition Status of Child born before Marriage. In Pohnpeian tradition, sexual intercourse between two persons when engaging in marriage is not prohibited. This at times, obviously leads to children being born to the engaging couple prior to marriage, but quite clearly when born out of wedlock a child is illegitimate. 2. Domestic Relations - Marriage - Legitimation of Child Born out of wedlock. The subsequent marriage of the natural parents of a child born out of wedlock legitimates the child. Counsel for Petitioner: None JUDAH C. JOHNNY, Associate Justice This mattercame on specially before this Court on the reason that the petitioner is scheduled to travel to Guam on July 21,1989, [3A PN.L.R.557] for educational purposes. She seeks leave of this Court to change her family name. Based on the affidavits on file, this Court is satisfied that under Pohnpeian custom, she is a legitimate issue of Selerino Semes. "In Pohnpei tradition, sexual intercourse between two persons when engaging in marriage is not prohibited. This at times, obviously leads to children being born to the engaging couple prior to marriage. Quite clearly when born out of wedlock, it [a child] is illegitimate. However, if and when the man (father) marries the mother, the child is legitimated. In re: Adoption of Sostos Henly, PCA 53-88 (1988) This is what happens in the matter before the Court. The child, Erwine Lucios, the petitioner herein, is a true legitimate child of Selerino Semes. The records must be accordingly corrected. Accordingly, it is ORDERED, 1. The name Erwine Lucios shall be corrected to Erwine Semes to lawfully identify the petitioner. 2. The Clerk of Courts is instructed to correct all records in his custody pertaining to the petitioner, so that she will be known as and called ERWINE SEMES.