Govendo denies adoption of alien teenager

The adoption of an adult is only allowed when it is in conformance with the local culture and not for the purpose of circumventing CNMI or federal laws, according to Superior Court associate judge Kenneth Govendo.

Govendo made the ruling in his decision to deny a man’s petition to adopt an 18-year-old Chinese.

He said the Commonwealth allows the adoption of an adult at the Superior Court’s discretion, but only if it is in conformance with local culture or custom and not for the purpose of circumventing or evading local or federal laws.

According to court records, the petitioner is a U.S. citizen and a resident of the CNMI. He is the stepfather of the 18-year-old Chinese.

The petitioner is presently married to the teen’s mother. The natural mother consents to the adoption.

The natural father abandoned the child in 1991 and has never supported the child.

The child was born on June 16, 1990, in China, but has been living on Saipan since May 2007. He is currently living with the petitioner and his natural mother.

The hearing was held last Oct. 2.

In his order issued yesterday, Govendo said he finds no evidence that this adoption is required by local culture or adheres to local custom. Govendo said the petitioner failed to explain how the adoption of this adult is part of the local culture.

“The only reason given was that life in the Commonwealth would be an improvement for the adult child over his life in China. No other explanation, problem or concern was offered to the court in support of this petition,” he said.

While this may be a valid statement, the judge said, it is not an adequate reason to approve the adoption.

“The relevant statute clearly requires a showing that the adoption is in conformance with local culture and no evidence to this effect was offered,” Govendo said.

He noted that since the petitioner failed to indicate a cultural reason behind adopting the teenager, he finds that the sole purpose of this adoption is to circumvent U.S. immigration laws so the child can remain in the CNMI.

“This is not the intended purpose of the adoption laws,” he stressed.

Govendo underscored the importance of preserving adoptions for the purposes for which they are intended.

“Adoption is intended to provide legal parental rights to those who care for a child in need of a parental figure. To grant an adoption in order to obtain a change in immigration status or obtain a different passport is an abuse of the process, and it is a violation of the laws of the Commonwealth and the United States,” he said.