10 Guam Code Ann. § 3214
Terms Used In 10 Guam Code Ann. § 3214
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) The certificate of adoption shall be filed with the original record of birth, if such record exists, which shall remain
as a part of the permanent records of the Office of Vital
Statistics.
(c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a certificate thereof, which shall include such facts as are necessary to identify the original adoption report, and the facts amended in the adoption decree as shall be necessary to properly amend the birth record.
(d) When the Guam Registrar of Vital Statistics receives a record of adoption or annulment of adoption or amendment thereof from a court for a person born elsewhere, such record shall be forwarded to the appropriate registration authority in the place of birth of the child adopted.
SOURCE: Added by P.L. 22-130:2 (May 31, 1994). Subsection (a)
amended by P.L. 28-031:4 (April 22, 2005).
2017 NOTE: References to “”territory”” and “”territorial”” removed and/or altered to “”Guam”” pursuant to 1 Guam Code Ann. § 420.
2014 NOTE: Subsection (a)(1) added by P.L. 28-031:4, incorporated into subsection (a) by the Compiler in accordance with the authority granted by 1 Guam Code Ann. § 1606.
§ 3215. New Certification of Birth Following Adoption, Legitimation and Paternity Determination.
(a) The Guam Registrar of Vital Statistics shall establish a new certificate of birth for a person when he or she receives one (1) of the following:
(1) An adoption report as provided in § 3214 of this Article, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; (except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents or the adopted person);
(2) An affidavit of acknowledgment of paternity signed by both parents; or
(3) A court order determining paternity.
(b) When a new certificate of birth is established, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth, and thereafter,
(l) The original certificate and the evidence of adoption, paternity or legitimation shall not be subject to inspection, except upon court order or as provided by regulations.
(2) Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection, except upon court order.
(c) If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the Office of Vital Statistics as provided in §§ 3212 or 3213 of this article. Before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceeding, a delayed certificate shall not be required.
(d) When a new certificate of birth is established by the Guam Registrar of Vital Statistics, all copies of the original certificate of birth in the custody of the Office of Vital Statistics, will be sealed from inspection and opened only upon court order or as provided by regulation.
SOURCE: Added by P.L. 22-130:2 (May 31, 1994). Subsection (a)
amended by P.L. 28-031:5 (April 22, 2005).
2017 NOTE: References to “”territory”” and “”territorial”” removed and/or altered to “”Guam”” pursuant to 1 Guam Code Ann. § 420.