Guam § 4124 - Legitimation of Children.

§ 4124. Legitimation of Children.

(a) A child is considered legitimate for all purposes if:

(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

(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

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.