28ASR2d90

Series: 28ASR2d | Year: () | 28ASR2d90
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In re TUILEISUIJEFIATAGATA HALL,

A Minor Child, and concerning SOPI SOPI Jr.

JUV No. 92-85

AD No. 80-85

High Court of American Samoa

Trial Division

Jan 3, 1986

__________

A natural parent’s rights to his child can only be terminated against his will if there is a showing that the parent has abandoned

or abused the child .

A child cannot be adopted unless the rights of the natural parents to the child have been terminated.

Before MURPHY, Acting Chief Justice, Presiding, AFUOLA, Associate Judge, and VAIVAO,Associate Judge.

Counsel: For Kupa, Asaua Fuimaono

For Sopi Sopi Jr., Isalei. Iuli

For interest of child, Amoeualogo Soli, Public Defender

This is a case which imposes an almost intolerable burden upon any judge who has normal sympathies arid emotions. It is an irreconcilable

dispute between good people over the custody of a little girl who is now nearly one year old. Whatever decision we reach must result in

undeserved heartbreak for someone.

FACTS

Millie and Sopi were living as husband and wife with Sopi’s family. Millie became pregnant. In August of 1984 Sopi left the Territory to

obtain employment in Hawaii. Millie remained in American Samoa with Sopi’s fami]y. On February 20, 1985 the little girl, Tuileisulefiatagata,

was born. Millie did not want the responsibility of motherhood. She told Sopi’s mother she was going to Western Samoa to visit her mother.

Instead she turned the baby over to her cousin Nancy Kupa, relinquished parental rights, and consented that Nancy and Samasoni Kupa

could adopt the child. Sam and Nancy employed attorney Asaua Fuimaono to represent the in the adoption proceedings. On May 23, 1985

Mr. Fuimaono obtained a decree, of relinquishment, apparently without notice to Sopi. No petition of adoption was filed. In the meantime,

Sopi found out what was going on and came to American Samoa, obtained counsel and petitioned for custody.

Belatedly, a petition for adoption was filed by the Kupa’s on October 17, 1985. Both Sopi the Kupas [sic] are fit and proper

[2ASR2d91] parents. Naturally the Kupas have become attached to and deeply love the child.

DISCUSSION OF THE LAW

Before the Kupas can adopt the child the rights of the natural parents must be terminated. A.S.C.A. sec. 45.0412.

The natural mother relinquished her rights (A.S.C.A. sec. 45.0402) but the rights of the natural father were never dealt with. Clearly, Sopi

never consented to relinquishment. Therefore, his parental rights can only be terminated under A.S.C.A. section 45.0401, which refers us to

A.S.C.A. section 45.0115 and A.S.C.A. section 45.0103, which in turn tell us that Sopi’s rights can be terminated if the child is “neglected or

dependent.” In other words Sopi must have abandoned or abused the child in order for the court to terminate his parental rights. The facts

do not support such a conclusion. He left the Territory for a rational reason and thought that Millie was properly cared for by his mother.

His conduct throughout this case demonstrates his determination not to abandon the child.

CONCLUSION

Sopi’s parental rights are not terminated and as the natural/ father he is entitled to custody of his child.

It is so ordered, adjudged and decreed.

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