Previous Story
Ruling on mwei mwei adoption affirmed
On July 7, 2015, the NMI Supreme Court issued In re Estate of Maximo Lairopi Olopai, 2015 MP 3. The high court reviewed whether the evidence was sufficient to support the trial court’s ruling that Manuel Mangarero (“Manuel”) and Tarsicio Olopai (“Tarsicio”) were Maximo Olopai’s (“Maximo”) mwei mwei adopted sons.
In examining the trial court’s factual findings, the high court considered the eight-factor test set forth in In re Estate of Malite, 2011 MP 4, for analyzing mwei mwei adoptions. These factors include: (1) whether the natural parents consented to the adoption; (2) the child’s age at the time of adoption; (3) whether the adoption was between relatives; (4) whether women initiated the adoption; (5) whether the adopting parent was married; (6) whether the community was aware of the adoption; (7) whether the natural parent reclaimed the adoptee; and (8) whether the adoptee was the natural parent’s only child. An adoptee is entitled to inherit from adoptive parents if the totality of the circumstance supports a finding of mwei mwei.
The trial court concluded the factors 1, 2, 3, 6, 7, and 8 weighed in favor finding a mwei mwei adoption; factor 5 weighed against; and factor 4 was neutral. Upon a review of the record, the Supreme Court concluded that the trial court did not commit clear error in its findings of fact because each finding was adequately supported by testimony. The high court therefore affirmed the order finding Manuel and Tarsicio heirs to Maximo’s estate as customarily adopted sons. (NMI Judiciary)
