Adopt.Otto and Lonno

POHNPEI LAW REPORTS

VOL. 3

[3 PN.L.R. 240]

IN THE MATTER OF THE

CONFIRMATION OF ADOPTION OF

BILL LONNO, BILLRACKSON OTTO,LEYLEEN OTTO,

Minors

ADALAIN OTTO,

Petitioner

Pohnpei Civil Action No. 70-88

Trial Division of the Pohnpei Supreme Court

December 2, 1988

Petition for the confirmation of customary adoption. The petitioner and the deceased husband had during the husband's lifetime adopted three children by Nukuoroan and Pohnpeian custom. The Trial Division of the Pohnpei Supreme Court, YOSTER CARL, Associate Justice, granting the petition, held (1) that the Court would take judicial notice of the fact that the adoption of the children had been effected in accordance with Pohnpeian custom and that the Government of Pohnpei should respect and protect the customs and traditions of Pohnpei and; (2) that the Court had power to enter a decree confirming a customary adoption.

1. Constitutional Law - Protection of Customs and Traditions

The Government of Pohnpei shall respect and protect the customs and traditions of Pohnpei (Pohnpei Constitution, Art 5, Sect 2)

2. Domestic Relations - Customary Adoption - Confirmation - Courts Powers

The Court has power to enter a decree confirming a customary adoption. (39 170 5; FSMC 1615)

YOSTER CARL, Associate Justice

This matter came on for hearing upon the sworn petition of Adalain Otto, supported by an affidavit of consent of Lolita O. Neth,

[3 PN.L.R. 241]

the natural mother of Billrackson Otto; Marleen Otto, the natural mother of Leyleen Otto; and Ella O. Leopold, the natural mother of Bill Lonno. Each of the above children's affidavit of consent was also filed.

The Court after considering the evidence adduced thereon, finds as follows:

1. That the petitioner and her deceased husband (William Otto) were married and lived together as husband and wife from the time of their marriage until he died on April 13, 1982.

2. That the petitioner and her husband, William Otto, deceased, adopted the following children by Nukuoroan and Pohnpeian custom:

a. Bill Lonno, a male child, born September 23, 1970, in the Ponape Hospital, to Ella Otto and Jacob Lonno.

b. Billrackson Otto, a male child, born January 13,1978, in the Ponape Hospital, to Lolida Otto (father was not stated in the birth certificate).

c. Leyleen Otto, a female child, born November 16,1978, in the Ponape Hospital, Kolonia, Pohnpei, to Marleen Otto (father's name was not stated in the birth certificate.)

[3 PN.L.R. 242]

The adoption of each of the children in this action was effected in accordance with Pohnpeian custom, and the Court takes judicial notice of that fact. The Government of Pohnpei shall respect and protect the customs and traditions of Pohnpei. Pohnpei Constitution, Art. 5 Section 2.

"When an . . . adoption has been effected in Pohnpei in accordance with recognized custom and the validity thereof is questioned or disputed by any one 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 [Pohnpei Supreme] Court for a decree confirming the . . . adoption. Such a petition shall be signed and sworn to by the petitioner personally, and shall be filed with the Clerk of Courts. If, after notice to all parties still living and a hearing, the court is satisfied that the. . . adoption alleged is valid in accordance with recognized custom... the [Pohnpei Supreme] Court shall enter a decree confirming the. . .adoption and may include in this decree the date it finds the. . .adoption was absolute until the period for appealing has expired without any appear having been filled or until any appeal taken shall have been finally

[3 PN.L.R. 243]

dispatched." 39 TTC 5: 6 FSMC 1615.

Now, therefore, pursuant to the authority above cited, it is ORDERED, ADJUDGED, and DECREED as follows:

1. That adoptions of the children described below by the petitioner and her late husband, William Otto, effected under Pohnpeian custom are respectively confirmed:

a. Bill Lonno, a male child; adopted September 23, 1970.

b. Billrackson Otto, a male child adopted January 13, 1978.

c. Leyleen Otto, a female child, adopted November 16, 1978.

2. The respective birth certificates of the said children on file with the Office of the Clerk of Court, Pohnpei, are as follows:

a. Bill Lonno BC No. 70-9926

b. Billrackson Otto BC No. 149-78

c. Leyleen Otto BC No. 1340-78

3. This decree shall not become absolute until the period for appealing therefrom has expired without any appeal having been filed or until any appeal taken shall have been finally disposed of.


	POHNPEI LAW REPORTS VOL. 3 [3 PN.L.R. 240] IN THE MATTER OF THE CONFIRMATION OF ADOPTION OF BILL LONNO, BILLRACKSON OTTO,LEYLEEN OTTO, Minors ADALAIN OTTO, Petitioner Pohnpei Civil Action No. 70-88 Trial Division of the Pohnpei Supreme Court December 2, 1988 Petition for the confirmation of customary adoption. The petitioner and the deceased husband had during the husband's lifetime adopted three children by Nukuoroan and Pohnpeian custom. The Trial Division of the Pohnpei Supreme Court, YOSTER CARL, Associate Justice, granting the petition, held (1) that the Court would take judicial notice of the fact that the adoption of the children had been effected in accordance with Pohnpeian custom and that the Government of Pohnpei should respect and protect the customs and traditions of Pohnpei and; (2) that the Court had power to enter a decree confirming a customary adoption. 1. Constitutional Law - Protection of Customs and Traditions The Government of Pohnpei shall respect and protect the customs and traditions of Pohnpei (Pohnpei Constitution, Art 5, Sect 2) 2. Domestic Relations - Customary Adoption - Confirmation - Courts Powers The Court has power to enter a decree confirming a customary adoption. (39 170 5; FSMC 1615) YOSTER CARL, Associate Justice This matter came on for hearing upon the sworn petition of Adalain Otto, supported by an affidavit of consent of Lolita O. Neth, [3 PN.L.R. 241] the natural mother of Billrackson Otto; Marleen Otto, the natural mother of Leyleen Otto; and Ella O. Leopold, the natural mother of Bill Lonno. Each of the above children's affidavit of consent was also filed. The Court after considering the evidence adduced thereon, finds as follows: 1. That the petitioner and her deceased husband (William Otto) were married and lived together as husband and wife from the time of their marriage until he died on April 13, 1982. 2. That the petitioner and her husband, William Otto, deceased, adopted the following children by Nukuoroan and Pohnpeian custom: a. Bill Lonno, a male child, born September 23, 1970, in the Ponape Hospital, to Ella Otto and Jacob Lonno. b. Billrackson Otto, a male child, born January 13,1978, in the Ponape Hospital, to Lolida Otto (father was not stated in the birth certificate). c. Leyleen Otto, a female child, born November 16,1978, in the Ponape Hospital, Kolonia, Pohnpei, to Marleen Otto (father's name was not stated in the birth certificate.) [3 PN.L.R. 242] The adoption of each of the children in this action was effected in accordance with Pohnpeian custom, and the Court takes judicial notice of that fact. The Government of Pohnpei shall respect and protect the customs and traditions of Pohnpei. Pohnpei Constitution, Art. 5 Section 2. "When an . . . adoption has been effected in Pohnpei in accordance with recognized custom and the validity thereof is questioned or disputed by any one 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 [Pohnpei Supreme] Court for a decree confirming the . . . adoption. Such a petition shall be signed and sworn to by the petitioner personally, and shall be filed with the Clerk of Courts. If, after notice to all parties still living and a hearing, the court is satisfied that the. . . adoption alleged is valid in accordance with recognized custom... the [Pohnpei Supreme] Court shall enter a decree confirming the. . .adoption and may include in this decree the date it finds the. . .adoption was absolute until the period for appealing has expired without any appear having been filled or until any appeal taken shall have been finally [3 PN.L.R. 243] dispatched." 39 TTC 5: 6 FSMC 1615. Now, therefore, pursuant to the authority above cited, it is ORDERED, ADJUDGED, and DECREED as follows: 1. That adoptions of the children described below by the petitioner and her late husband, William Otto, effected under Pohnpeian custom are respectively confirmed: a. Bill Lonno, a male child; adopted September 23, 1970. b. Billrackson Otto, a male child adopted January 13, 1978. c. Leyleen Otto, a female child, adopted November 16, 1978. 2. The respective birth certificates of the said children on file with the Office of the Clerk of Court, Pohnpei, are as follows: a. Bill Lonno BC No. 70-9926 b. Billrackson Otto BC No. 149-78 c. Leyleen Otto BC No. 1340-78 3. This decree shall not become absolute until the period for appealing therefrom has expired without any appeal having been filed or until any appeal taken shall have been finally disposed of.