Title 19 — Personal Relations

COL1312018 The person solemnizing a marriage must first require the presentation of the marriage license, and if he has any reason to doubt the correctness of its statement of facts he must first satisfy himself of its correctness, and for that purpose he may administer oaths and…

The person solemnizing a marriage must make, sign, and endorse upon or attach to the license a certificate showing: (a) The fact, time, and place of solemnization; and (b) The names and places of residence of one or more witnesses to the ceremony. (c) A statement of the official …

Parties. The Office of Vital Statistics, after the filing of the original license and certificate, shall, upon request of and for either party, and after payment of a fee of Ten Dollars ($10.00) for each copy, make a certified copy of license and certificate of marriage. SOURCE: …

If no record of the solemnization of a marriage heretofore contracted be known to exist, the parties may join in a written declaration of such marriage substantially showing: (a) The names, ages, and residences of the parties. (b) The fact of marriage. COL1312018 (c) That no reco…

Declarations of marriage must be acknowledged in like manner as grants of real property and recorded in the Office of Vital Statistics. SOURCE: CC § 77.

If either party to any marriage denies the same, or refuses to join in a declaration thereof, the other may proceed, by action in the Superior Court, to have the validity of the marriage determined and declared. SOURCE: CC § 78. NOTE: Island Court changed to Superior Court pursua…

Either party to an incestuous or void marriage may proceed, by action in the Superior Court, to have the same so declared. SOURCE: CC § 80. NOTE: Island Court changed to Superior Court pursuant to P.L. 12-85. ---------- COL1312018 COL1312018

All children born in wedlock are presumed to be legitimate. SOURCE: CC § 193.

All children of a woman who has been married, born within ten (10) months after the dissolution of the marriage, are presumed to be legitimate children of that marriage. SOURCE: CC § 194.

The presumption of legitimacy can be disputed only by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such case, may be proved like any other fact. SOURCE: CC § 195.

The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the father of a legitimate child is able to give are inadequate, the mother must assist him to the extent of her ability. SOURCE: CC…

The father as well as the mother of an illegitimate child must give him support and education suitable to his circumstances. A civil suit to enforce such obligations may be maintained in behalf of a minor illegitimate child by his mother or guardian, and in such action the court …

If a child residing on Guam is disabled before the age of eighteen (18), the court may, at any time before the child reaches the age of twenty-one (21) years, find that both parents (or the surviving parent if one is deceased) have a mutual obligation to support the child beyond …

The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or unable or refuse to take the custody or has abandoned his or her family, the other is entitled to its custody, service…

The husband and father, as such, has no rights superior to those of the wife and mother, in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other. SOURCE: CC § 198.

Without application for a divorce, the husband or the wife may bring an action for the exclusive control of the children of the marriage; and the court may, during the pendency of such action, or at the final hearing thereof, or afterwards, make such order or decree in regard to …

The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings. SOURCE: CC § 200.

The proper court may direct an allowance to be made to the parent of a child out of its property, for its past or future support and education, on such conditions as may be proper whenever such direction is for its benefit. SOURCE: CC § 201. CROSS-REFERENCES: See 5 GCA Chapter 34…

The parent, as such, has no control over the property of the child. SOURCE: CC § 202.

The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by its relative within the third degree, or by the Attorney General; and when the abuse is established, the child may be freed from the dominion of the parent, and the…

The authority of a parent ceases: (a) Upon appointment, by a court, of a guardian of the person of a child; (b) Upon the marriage of the child; or (c) Upon its attaining majority. SOURCE: CC § 204.

If a parent, chargeable with the support of a child, dies leaving it a public charge and leaving an estate sufficient for its support, the Attorney General or guardian appointed, may claim provision for its support from the parent's estate by civil action and for this purpose may…

It is the duty of the father, the mother, and the children of any poor person who is unable to maintain himself by work, to main- tain such person to the extent of their ability. The promise of an adult child to pay for necessaries previously furnished to such parent is binding. …

If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from the parent. SOURCE: CC § 207.

A parent is not bound to compensate the other parent, or a relative, for the voluntary support of his child, without an agreement for compensation, nor to compensate a stranger for the support of a child who has abandoned the parent without just cause. SOURCE: CC § 208.

A husband is not bound to maintain his wife's children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and, where such is the case, they are not liable to him for their support, nor he to them for their s…

Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor. SOURCE: CC § 210.

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment. SOURCE: CC § 211.

The wages of a minor employed in service may be paid to him, until the parent or guardian entitled thereto gives the employer notice that he claims such wages. SOURCE: CC § 212.

A parent entitled to the custody of a child has a right to change his residence, subject to the power of the proper court to restrain a removal which would prejudice the rights or welfare of the child. SOURCE: CC § 213.

When a husband and wife live in a state of separation without being divorced, any court of competent jurisdiction, upon applica- tion of either if an inhabitant of Guam, may inquire into the custody of any unmarried minor child of the marriage and may award the custody of such ch…

(a) A child is considered legitimate for all purposes if: (1) The parents of the child were married at the conception of the child or at anytime after the conception of the child, and before the child’s eighteenth birthday; or (2) The child is legitimate on the effective date of …

Every record of a birth shall contain the name of the infant born, and of its parents, grandparents, the place and date of birth, and the name of the attending physician or midwife. SOURCE: CC § 216.

The parents of newly born infants shall report to the Director of Administration the name and the other required details within ten (10) days of the birth, under penalty of a fine of Two Dollars and Fifty Cents ($2.50). SOURCE: CC § 217. ---------- ARTICLE 2 CHILDREN BY ADOPTION

The purpose of this Article is to protect and promote the welfare of children, natural parents and adoptive parents and thereby promote the welfare of Guam. To this end, the following basic safeguards are provided herein: (a) that the child is legally free for adoption; (b) that …

When used in this Article, unless the text otherwise requires: (a) Court means the Superior Court of Guam. (b) Child means a person less than eighteen (18) years of age. (c) Adult means a person eighteen (18) years of age or older. (d) Legal custody means a status created by cour…

The following persons if they are residents of Guam are eligible to adopt children: (a) the husband and wife jointly, or either the husband or wife if the other spouse is a parent of the child; (b) an unmarried adult; (c) a married adult who by judicial decree has been accorded t…

Except when a petition is filed by a relative of the child within the second degree either by blood or affinity, no petition for adoption shall be entertained unless prior to the filing of the petition: (a) a decree of termination of the parent-child relation- ship with respect t…

An adoption proceeding shall be initiated by filing in duplicate with the court, a petition for adoption which is verified by the petitioner, and which specifies: (a) the full name, age and place of residence of the petitioner, and if he is married, the place and date of the marr…

(a) Where a petition is filed by a relative of the child within the second degree either by blood or affinity, no adoption of such child may be ordered unless the written consent to the adoption of the child by the petitioner is given by each parent of the child or if there is no…

Written consent required by § 4206(a) shall be attached to the adoption petition. In the case of a consent by a guardian of the child’s person, the guardian shall file directly with the court satisfactory evidence of his authority to consent to adoption of the child. Where the pa…

Withdrawal of any consent filed in connection with a petition for adoption hereunder shall not be permitted, except that the court after notice and opportunity to be heard is given to the petitioner in the adoption proceeding, to the person seeking to withdraw consent and to the …

After a petition has been filed, the court shall set the time and place for a hearing and shall cause notice thereof to be served on the petitioner and on the Division. Notice shall be given by personal service or by registered or certified mail. SOURCE: CC § 221.9 enacted by P.L…

(a) Upon the filing of a petition, the court shall direct that a social study be made by the Division and that a report in writing of such study be submitted to the court prior to the hearing, except that where the child's guardian or the person whose consent to adoption is requi…

The hearing on petition shall not be held until the child has lived twelve (12) months in the home of the petitioner under the supervision of the Division. The twelve - month residence requirement or any part thereof may be waived by order of the court on the motion of the petiti…

Cases under this Article shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or me- chanical recording of the hearing shall be required as in other civil cases in the court, unle…

If after the hearing and consideration of the report required by § 4210, the court is satisfied that the requirements of this Article have been met and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. The order may chan…

(a) Upon entry of the decree of adoption, the relationship of parent and child and all the legal rights, privileges, duties, obligations and other legal consequences of the natural relationship of child and parent shall thereafter exist between the adopted child and the adoptive …

(a) In any case in which the petition is withdrawn or denied the court shall order the removal of the child from the proposed adoptive home if the court finds that such removal is in the child’s best interest. If such removal is ordered, the court shall vest temporary legal custo…

In the event of the death of the petitioner, the proceeding shall abate and the petition for adoption shall be dismissed, but where there are two petitioners and one of the petitioners dies, the proceeding shall continue uninterrupted as if the death had not occurred. SOURCE: CC …