In the Matter of the Adoption of Iyar [1962] TTLawRp 12; 2 TTR 331 (25 September 1962)

TRIAL DIVISION OF THE HIGH COURT

PALAU DISTRICT

Civil Action No. 267

IN THE MATTER OF THE ADOPTION OF

ANTONINO MERS IYAR

September 25, 1962

Action to confirm adoption of child who was adopted in accordance with recognized Palau custom. The Trial Division of the High Court, Chief Justice E. P. Furber, took judicial notice that variation in names of those concerned was result of mixture of Palau tradition, Christian practice, and contact with Japanese and American Administrations.

Adoption confirmed.

1. Palau Custom-Adoption

Variation in names of those concerned with adoption of child will not bar confirmation of customary Palauan adoption authorized by Trust Territory law. (T.T.C., Sec. 715)

2. Palau Custom-Adoption

Where adoption is effected in accordance with recognized Palau custom, it will be confirmed as of date of customary adoption. (T.T.C., Sec. 715)

FURBER, Chief Justice

[1,2] This matter having come on for hearing upon the sworn petition of Johanes M. Iyar and Niebes M. Iyar (sometimes spelled Nieves M. Iyar), supported by the affidavit of Edwardo Salii and Conception Salii, the court, after taking evidence thereon, finds as follows:-

1. A male child named Antonino was born August 22, 1952, at Angaur Island, in the Palau District of the Trust Territory of the Pacific Islands, to Chiarly Edward, otherwise known as Edwardo Salii, and his wife, whose maiden name was Ngkeruker Kosepsion, sometimes written Kosepsion Ngkeruker, and who is now known as Conception Salii, both of the parents being then residents of the Palau District.

2. On November 14, 1952, said Antonino was legally adopted in said Palau District, in accordance with recognized custom then and there in effect, by his maternal aunt Niebes M. Iyar, otherwise known as Nieves Ngeream Mers, and husband Johanes M. Iyar, otherwise known as Mers Iyar, who were then residents of the Palau District, but are now residents of Guam, Mariana Islands, and who are the petitioners herein.

3. Said adoption was effected with the consent of Antonino's natural parents, and with notice to all his living relatives entitled to such notice under the custom then and there in effect, and none of them has ever raised any objection thereto or questioned the adoption in any way.

4. Following said adoption the petitioners named said child Antonino Mers Iyar, and he has been commonly and publicly known by that name and has remained in the custody of the petitioners, ever since said adoption.

In connection with the variations in the names of those concerned in this matter, which may seem strange to those not familiar with Palau an customs, the Court takes judicial notice of the following facts:-