The Rights of Unmarried Parents - American Samoa

Date: June 2022

Definitions

Citation: A.S. Code § 45.0103(21)

The term 'parent' means either a natural parent of a legitimate child, a parent by adoption, or the natural parent of an illegitimate child. A child born to a birth parent married at the time of its conception or birth is presumed to be the legitimate child of their spouse. If the birth parent is legally married to a different person at the time of birth than they were at the time of conception, the child is presumed to be the legitimate child of their spouse at the time of conception. If this presumption is legally rebutted and no contrary determination is made, the person to whom the birth parent is married at the time of the child's birth is presumed to be the legitimate other parent of the child.

Use of Parentage Registries

This issue is not addressed in the statutes reviewed.

Alternate Means to Establish Parentage

Citation: A. S. Code §§ 45.0103(21); 45.1501; 45.1502

The other parent of an illegitimate child has no parental rights to the child unless, prior to entry of a decree of adoption, they have acknowledged the child as their own by affirmatively asserting parentage, as follows:

  • Causing their name to be affixed to the birth certificate of the child
  • Paying medical or hospital bills associated with the birth of the child
  • Paying support for the child
  • Otherwise asserting their parentage in writing

Proceedings to establish the parentage of a child and to compel support under this chapter may be commenced by the birth parent, whether a minor or not; by the child's guardian; or, if the birth parent or the child is a public charge, by the Department of Health. No proceeding may be initiated after the child is aged 5 or older unless parentage has been acknowledged by the other parent in writing or by furnishing support.

Proceedings under this chapter are started by the filing of a verified petition alleging that the person named as respondent is the other parent of the child and requesting the court to enter a declaration of parentage, an order of support, or any other relief that may be appropriate.

Required Information

This issue is not addressed in the statutes reviewed.

Revocation of Claim to Parentage

This issue is not addressed in the statutes reviewed.

Access to Information

This issue is not addressed in the statutes reviewed.

Related Resources