Guam § 12108 - Injuries to Children.

§ 12108. Injuries to Children.

(a) The parents of an unmarried minor child, acting jointly, may

maintain an action for injury to such child caused by the wrongful act or

neglect of another. If either parent shall fail on demand to join as plaintiff in

such action or is dead or cannot be found, then the other parent may

maintain such action and the parent, if living, who does not join as plaintiff

must be joined as a defendant and, before trial or hearing of any question of

fact, must be served with summons either personally or by sending a copy of

the summons and complaint by registered mail with proper postage prepaid,

addressed to such parent's last known address with request for a return

receipt. If service is made by registered mail, the production of a return

receipt purporting to be signed by the addressee shall create a rebuttable

presumption that such summons and complaint have been duly served. In the

absence of personal service or service by registered mail, as above provided,

service may be made as provided in § 14106 of this Title and in GRCP Rule

3e. The respective rights of the parents to any award shall be determined by

the court.

(b) A mother may maintain an action for such an injury to her

illegitimate unmarried minor child. A guardian may maintain an action for

such an injury to his ward.

(c) Any such action may be maintained against the person causing the

injury, or if such person be dead, then against his personal representatives. If

any other person is responsible for any such wrongful act or neglect, the

action may also be maintained against such other person or this personal

representatives in case of his death. The death of the child or ward shall not

abate the parents' or guardians' cause of action for his injury as to damages

accruing before his death.

(d) In every action under this section, such damages may be given as

under all of the circumstances of the case may be just; provided, that in any

action maintained after the death of the child or ward, damages recoverable

hereunder shall not include damages for pain, suffering or disfigurement nor

punitive nor exemplary damages nor compensation for loss of prospective

profits or earnings after the date of death.

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(e) If an action arising out of the same wrongful act or neglect may be

maintained pursuant to § 12109 of this Chapter, for wrongful death of any

child, the action authorized by this section shall be consolidated therewith

for trial on motion of any interested party.