The Rights of Unmarried Parents - Guam

Date: June 2022

Definitions

Citation: Ann. Code Tit. 19, § 4202

The term 'parent' includes any of the following:

  • The birth parent
  • The other parent of a legitimate child
  • A person who is presumed to be the other parent of a legitimate child
  • An adoptive parent

The term 'parent' does not include a parent whose parent-child relationship to the child has been terminated by judicial decree.

Use of Parentage Registries

This issue is not addressed in the statutes reviewed.

Alternate Means to Establish Parentage

Citation: Ann. Code Tit. 19, §§ 4124; 4401

A child is considered legitimate for all purposes if any of the following apply:

  • The parents of the child were married at the conception of the child, at any time after the conception of the child, and before the child's 18th birthday.
  • The child is legitimate on the effective date of this act.
  • The child is legitimate under the laws of the place of their birth.
  • The parents have jointly executed an affidavit before the 18th birthday of the child affirming that the signatories are the natural, biological parents of the child, affirming the parentage of the child, indicating the birth date of the child, and affirming their desire to legitimate the child. Any such affidavit shall be conclusive as to the legitimacy of the child.

Any natural parent in Guam may petition the court for an order affirming the legitimacy of their child, based upon the affidavit or based upon the marriage of the parents. Before such an order can be entered, both parents must file affidavits that no other persons have claimed to be parents of the child.

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.

An action may be brought in the superior court for the purpose of having declared the existence or nonexistence between the parties of the relation of parent and child, by birth or adoption.

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.

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