Supreme Court Clarifies Interaction Between Statutory Adoption and Poksai

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Saipan, CNMI – The Supreme Court upheld the heirship determination for Dolores Sablan Mendiola (“Dolores”) and reversed that of Annette P. Cruz (“Annette”). Both claimed to have been adopted by Anunciacion Mendiola Camacho Magofna (“Magofna”) through poksai, a Chamorro customary practice. In In re Estate of Magofna, the Supreme Court held that neither Dolores’ earlier statutory adoption by Magofna’s parents nor Dolores’ later claim of poksai adoption by Magofna’s sister prevented recognition of her poksai adoption by Magofna.

Annette was statutorily adopted as a young child by Magofna and later statutorily adopted by her birth parents. The Supreme Court rejected Annette’s claim, holding that statutory adoption cannot give rise to poksai adoption as statutory adoption departs from customary practices.

The Estate also challenged factual findings that there was no partida, testamento, or will, arguing these findings were outside of the scope of the proceeding and, alternatively erroneous. The Supreme Court found that these findings were part of the proceedings and supported by the record. The case was remanded for further proceedings consistent with the opinion.

The full opinion is available on the Law Revision Commission website:

https://cnmilaw.gov/document/28470

2026-PR-026

FOR IMMEDIATE RELEASE

July 28, 2026

This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov