[29ASR2d18]
IN RE A MINOR
CHILD
District Court
of
AD No. 048-94
[1] The provisions of Title 45, A.S.C.A. §
45.0102 et seq., must be liberally construed to effectuate, in part,
"the preserv[ation]
and strengthen[ing of] aiga
ties whenever possible," A.S.C.A. § 45.0102(2), and "secur[ing] for any child removed
from the custody of his parents, the necessary care, guidance, and discipline
to assist him in becoming a responsible and productive member of society."
A.S.C.A § 45.0102(4).
[2] Generally, joint petitions for
adoption can only be filed by married couples.
[3] While mature consenting single adults
can pretty much do whatever they want with respect to their relationships,
there are some legal drawbacks to consensual cohabitation. Children of consensually cohabitating unions
are not legally legitimate until and unless that couple eventually
marries. See A.S.C.A § 42.0501.
[4] Under the facts of
the particular case, wherein the best interests of the child are at stake, the
court may accept a joint petition filed by a couple with a long standing stable
relationship that closely approximates common law marriage.
Before WARD, District Court Judge
Counsel: Robert
L. Porter
Order of Adoption:
This matter came on regularly before the
court on
As to the latter, based upon the
testimony, observations of the child and petitioners by the court during the
hearing, and the Child Protective Services reports, the court finds that this
nearly 2 year old toddler has [29ASR2d19] closely bonded with petitioners and
they to her. Petitioners have a stable
relationship, their home is suitable for raising the child, their educational
background and professional achievements assure the child sound financial
support, and in all aspects the best interests of this child argue in favor of
legitimizing the parent-child relationship that has formed since petitioners
took custody of the child at or near her birth.
The court further notes that this child's parental rights have been
terminated with respect to her biological parents, and until this court
approves a decree of adoption she remains, under present statutes, in legal
limbo.
[1] Having found that the
best interests of the child would be served if the court can, under existing
statutes, grant the joint petition for adoption in this matter, the court will
now consider the legal difficulties presented by this case. First, the court notes that the Fono has expressed the provisions of Title 45,
A.S.C.A. § 45.0102 et seq., be liberally construed to effectuate, in
part, "the preserv[ation] and strengthen[ing of] aiga ties whenever
possible," A.S.C.A. § 45.0102(2), and "secur[ing] for any child removed from the custody of his parents,
the necessary care, guidance, and discipline to assist him in becoming a
responsible and productive member of society." A.S.C.A §
45.0102(4). Given the blood
relationship between the female petitioner and the child, coupled with the
obvious benefits to the child the stable relationship between the petitioners
will provide, the court will liberally construe the statutes in this
case as directed by the Fono.
[2] Although this court is
generally of the opinion that joint petitions for adoption can only be filed by
married couples, see A.S.C.A. § 45.0411, and there is considerable state
case law to support this opinion with respect to this statutory language, a
liberal construction of the statutes requires this court to consider the clause
under A.S.C.A. § 45.0420, Petition for Adoption, at paragraph (b) (1)
requiring that the petition contain: "the date of marriage, if any,
of the petitioners." (emphasis added). The court must also consider, however, the
statutory legal effect of the final decree under A.S.C.A. §§ 45.0423 and
45.0424, both of which mandate that the child so adopted will achieve the legal
status of a legitimate child born in lawful wedlock to the petitioners.
[3] Although this court has
perceived that petitioners feel their case has been somehow singled out for
more rigorous examination than undertaken in the bulk of adoption proceedings
heard by this court, the court's concerns extend far beyond the instant
matter. Blanket approval of joint
petitions filed by unmarried cohabitating couples would establish a precedent
whereby brothers and sisters, engaged couples, or even same-gender couples may
routinely jointly petition the court for adoptions. Further, the petitioners in the instant case
are asking the court, via adoption proceedings, to issue a decree stating that,
as a matter of law, [29ASR2d20] this child is their naturally born child and is
legitimate, despite the fact that petitioners are not married. While mature consenting single adults can
pretty much do whatever they want with respect to their relationships, there
are some legal drawbacks to consensual cohabitation. Children of such unions are not legally
legitimate until and unless that couple eventually marries. See A.S.C.A § 42.0501.
[4] As earlier stated, however, this court's legal analysis must be tempered
by the best interests of the child and limited to the facts of this particular
case. Therefore, the court finds that
the long standing stable relationship of petitioners, solely for the purposes
of these proceedings, so closely approximates common law marriage that the
court finds petitioners, both presently and prior to the birth of the minor
child, to have achieved the status of husband and wife at common law. The natural issue of any such union thereby
being legally considered legitimate, the court will grant the joint petition
for adoption filed by petitioners and decree the child, inter alia, to be their legal, natural and legitimate issue.
Counsel for petitioners shall prepare
and submit the proposed decree of adoption.
So ordered.