(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 this
Act; or

(3) The child is legitimate under the laws of the place of his birth; or

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(4) If the parents have jointly executed an affidavit before the eighteenth birthday of the child, affirming that the signatories are the natural, biological parents of the child, affirming the paternity of the child, indicating the birthrate of the child, and affirming their desire to legitimate the child. Any such affidavit shall be conclusive as to the legitimacy of the child. The Director of Public Health may make appro- priate changes as to parentage, name, and other matters on the child’s birth certificate based on such affidavit.

(b) Petition for legitimating children.

(1) Any natural parent in Guam may petition the court for an order affirming the legitimacy of his or her child, based upon the affidavit as provided for in Subsection (a)(2) of this Section, or based upon the marriage of the parents. The court shall have jurisdiction to make such an order if either parent is a resident of Guam or if the child is a resident of Guam, as residence is defined in § § 8318 and 8319 of this Title. Before such an order can be entered, both parents must file affidavits that no other persons have claimed to be parents of said child and file an acknowledged consent to the court’s legal name be changed to reflect the natural father’s family name.

(2) Upon entry of an order of legitimacy, pursuant to this Section, the court shall transmit a copy of said order to the Director of Public Health or to the office issuing the child’s birth certificate, as appropriate, which shall make appropriate changes to the birth certificate to reflect the correct name and parentage of the child.

(3) A child shall be considered legitimate for all purposes if, before the child’s eighteenth birthday, a court of competent jurisdiction has determined the paternity of said child, in any divorce action, paternity action, or action for support. The Superior Court shall have the jurisdiction and authority to determine paternity in such actions, notwith- standing other provisions of law, but shall order a complete investigation and home study by court personnel or by personnel from the Department of Public Health before issuing an order determining paternity in such cases, unless

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both of the parents agree as to the issue of paternity or the lack of it.

Nothing in this Section shall be construed to de-legitimate any person who is legitimate under the laws of the place of his birth or who is legitimate on the effective date of this Act.

SOURCE: CC § 215, as repealed and reenacted by P.L. 18-030:67 (Mar.
4, 1986), effective February 24, 1986.