Chapter 1

GUAM CODE ANNOTATED TITLE 19 PERSONAL RELATIONS UPDATED THROUGH P.L. 36-135 (DECEMBER 28, 2022 ) COL 6/21/2023 COL 6/21/2023 TABLE OF CONTENTS TITLE 19 PERSONAL RELATIONS DIVISION 1 PERSONS & PERSONAL RELATIONS Chapter 1. Persons in General. §§ 1101 -1116 Chapter 2. Personal Rights. §§ 2101 -2119 Chapter 3. The Contract of Marriage. Article 1. Validity of Marriage. §§ 3101 -3108 Article 2. Authentication of Marriage. §§ 3201 -3212 Article 3. Judicial Determination of Void Marriages. § 3301 Chapter 4. Parent and Child. Article 1. Children by Birth. §§ 4101 -4126 Article 2. Children by Adoption. §§ 4201 -4221 Article 3. Termination of Parent -Child Relationship. §§ 4301 - 4313 Article 4. Declara tion of Parental Relation. § 4401 Chapter 4A. Parental or Guardian Consent Required for Abortion. §§ 4A101 -4A111 Chapter 4B. Nana yan Patgon Act. [Renumbered to Title 10 Chapter 92A] Chapter 5. Family Court Act. §§ 5101 -5134 Chapter 5A. Expedited Judicial Process. §§ 5501 -5505 Chapter 6. Community Property. §§ 6101 -6114 Chapter 7. Guam Conciliation Law. §§ 7101 -7111 Chapter 8. Dissolution of Marriage. Article 1. Nullity. §§ 8101 -8104 Article 2. Dissolution of Marriage.

Chapter 6. Community Property. §§ 6101 -6114 Chapter 7. Guam Conciliation Law. §§ 7101 -7111 Chapter 8. Dissolution of Marriage. Article 1. Nullity. §§ 8101 -8104 Article 2. Dissolution of Marriage. §§ 8201 -8219 Article 3. Causes for Denying Dissolution of Marriage. §§ 8301 -8324 Article4. General Provisions. §§ 8401 -8416 Chapter 9. Guardian and Ward. §§ 9101 -9116 Chapter 10. Master & Apprentice. §§ 10101 -10113 COL 6/21/2023 Chapter 11. Child Labor Law. §§ 11101 -11109 Chapter 12. Uniform Gifts to Minors Act. §§ 12101 -12111 Chapter 13. Child Protective Act. Article 1. Definitions. §§ 13100 -13101 Article 2. Child Abuse and Neglect Report Act. §§ 13200 - 13212 Article 3. Child Protective Services. §§ 13300 -13335 Article 4. The LaniKate Protehi Y Famagu ’on-ta Act. §§ 13400 -13404 Article 5. Newborn Infant Safe Haven Act. §§ 13501 – 13509 Chapter 14. Civil Orders for Protection. §§ 14101 -14106 Chapter 15. Prevention & Treatment. §§ 15101 -15111 DIVISION 2 YOUTH-RELATED GOVERNMENT SERVICES Chapter 20. Department of Youth Affairs. Article 1. Department of Youth Affairs. §§ 20101 -2012 2 Article 2. Youth Correctional Facilities. § 20201 -20202 Chapter 21.

OUTH-RELATED GOVERNMENT SERVICES Chapter 20. Department of Youth Affairs. Article 1. Department of Youth Affairs. §§ 20101 -2012 2 Article 2. Youth Correctional Facilities. § 20201 -20202 Chapter 21. Summer Employment and Training Programs for Youth. §§ 21101 -21119 Chapter 22. Agency for Human Resources Development. §§ 22101 -22113 [Repealed] See 22 GCA, Ch. 1, Art. 3. DIVISION 3 PERSONAL OR MOVEABLE PROPERTY Chapter 30. Personal Property in General . § 30101 Chapter 31. Particular Kinds of Personal Property. Article 1. Things in Action. §§ 31101 -31104 Article 2. Shipping. §§ 31201 -31213 Article 3. Products of the Mind. §§ 31301 -31306 Article 4. Other Kinds of Personal Property. §§ 31401 -31404 Chapter 32. Modes in which Property May Be Acquired. §§ 32101 -32102 Chapter 33. Accession to Personal Property. §§ 33101 -33109 Chapter 40. Transfers of Property. In General. COL 6/21/2023 Article 1. Definition of Transfer. §§ 40101 -40102 Article 2. What May Be Transferred. §§ 40201 -40204 Article 3. Mode of Transfer. §§ 40301 -40308 Article 4. Interpretation of Grants. §§ 40401 -40407 Article 5. Effect of Transfer. §§ 40501 -40503 Chapter 41. Transfer of Personal Property. Article 1.

Article 3. Mode of Transfer. §§ 40301 -40308 Article 4. Interpretation of Grants. §§ 40401 -40407 Article 5. Effect of Transfer. §§ 40501 -40503 Chapter 41. Transfer of Personal Property. Article 1. Mode of Transfer. §§ 41101 -41102 Article 2. What Operates as a Transfer. §§ 41201 -21203 Article 3. Gifts. §§ 41301 -41308 COL 6/21/202319 GCA PERSONAL RELATIONS CH. 1 PERSONS IN GENERAL 6 DIVISION 1 PERSONS AND PERSONAL RELATIONS Chapter 1. Persons in General. Chapter 2. Personal Rights. Chapter 3. The Contract of Marriage. Chapter 4. Parent and Child. Chapter 4A. Parental or Guardian Consent Required for Abortion. Chapter 4B. Nana yan Patgon Act. [Renumbered to Title 10 Chapter 92A] Chapter 5. Family Court Act. Chapter 5A. Expedited Judicial Process. Chapter 6. Community Property. Chapter 7. Guam Conciliation Law. Chapter 8. Dissolution of Marriage. Chapter 9. Guardian and Ward. Chapter 10. Master and Apprentice. Chapter 11. Child Labor Law. Chapter 12. Uniform Gifts to Minors Act. Chapter 13. Child Protective Act. Chapter 14. Civil Orders for Protection. Chapter 15. Prevention & Treatment. CHAPTER 1 PERSONS IN GENERAL § 1101. Minors, Who Are. § 1102. Minority, How Calculated.

Chapter 13. Child Protective Act. Chapter 14. Civil Orders for Protection. Chapter 15. Prevention & Treatment. CHAPTER 1 PERSONS IN GENERAL § 1101. Minors, Who Are. § 1102. Minority, How Calculated. § 1103. Adults, Who Are. § 1104. Unborn Child. § 1105 . Custody of Minors. § 1106. Minors Cannot Delegate. § 1107. Minors ’ Contracts: Disaffirmed. § 1108. Minors ’ Time, Disaffirmance. § 1109. Minors Liable for Necessaries: Services, When. § 1110. Certain Obligations. § 1111. Legal Capacity of Minor Rega rding Medical Care. § 1112. Contracts by Person Without Understanding. COL 6/21/202319 GCA PERSONAL RELATIONS CH. 1 PERSONS IN GENERAL 7 § 1113. By Persons of Unsound Mind. § 1114. Powers of Persons Whose Incapacity Has Been Adjudged. § 1115. Minors Liable for Wrongs, But Not for Exemplary Damages. § 1116. Minors May Sue. § 1101. Minors, Who Are. Minors are all persons under eighteen (18) years of age. SOURCE : CC § 25 amended by P.L. 11 -144 (June 23, 1972) and R/R by P.L. 14 -092:5 (Dec. 31, 1977) . § 1102. Minority, How Calculated. The periods speci fied in the preceding section must be calculated from the first minute of the day on which persons are born to the same minute of the

. 31, 1977) . § 1102. Minority, How Calculated. The periods speci fied in the preceding section must be calculated from the first minute of the day on which persons are born to the same minute of the corresponding day completing the period of minority. SOURCE : CC § 26. § 1103. Adults, Who Are . All other persons are adults. SOURCE : CC § 27. § 1104. Unborn Child . A child conceived, but not yet born, is to be deemed an existing person, so far as may be necessary for its interests in the event of its subsequent birth. SOURCE : CC § 29. § 1105. Custody of Minors . The custody of minors and persons of unsound mind is regulated by this Title and the provisions of law contained in the Probate Code (15 GCA). SOURCE : CC § 32; references changed to agree with GCA format. § 1106. Minors Cannot Delegate . A minor cannot give a delegation of power, nor make a contract relating to real property, or any inter est therein, or COL 6/21/202319 GCA PERSONAL RELATIONS CH. 1 PERSONS IN GENERAL 8 relating to any personal proper ty, not in his immediate possession or control. SOURCE : CC § 33 amended by P.L. 11 -144 (June 23, 1972) . § 1107. Minors ’ Contracts; Disaffirmed .

RSONS IN GENERAL 8 relating to any personal proper ty, not in his immediate possession or control. SOURCE : CC § 33 amended by P.L. 11 -144 (June 23, 1972) . § 1107. Minors ’ Contracts; Disaffirmed . A minor may make any other contract than as above specified, in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this Chapter, and subject to the provisions of the Chap ters on marriage, and on master and servant. SOURCE : CC § 34. § 1108. Minor ’s Time for Disaffirmance . In all cases other than those specified in §§ 1109, 1110 and 1111 the contract of a minor if made while he is under the age of 18 may be disaffirmed by the minor himself, either before his majority or within a reasonable time afterwards, or, in the case of his death within that period, by his heirs or person al representatives, without re storing the consideration to the party from whom it was received, or paying its equiva lent. SOURCE : CC § 35 as amended by P.L. 11 -144 (June 23, 1972) and P.L. 13-020:1 (May 23, 1975) . § 1109. Minors Liable for Necessaries; Servic es, When .

hom it was received, or paying its equiva lent. SOURCE : CC § 35 as amended by P.L. 11 -144 (June 23, 1972) and P.L. 13-020:1 (May 23, 1975) . § 1109. Minors Liable for Necessaries; Servic es, When . A minor cannot disaffirm an other wise valid contract to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them; provided that such things have been actually forwarded to him or his family. SOURCE : CC § 36. § 1110. Certain Obligations . A minor cannot disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a law. SOURCE : CC § 37. § 1111. Legal Capacity of Minor Regarding Medical Care . (a) Definitions. For the pur pose of this Chapter, the following COL 6/21/202319 GCA PERSONAL RELATIONS CH. 1 PERSONS IN GENERAL 9 terms shall be defined as follows: (1) Minor shall be any person under the age of eighteen (18). (2) Parent means the natural and the legal parent and any guardian, custodian or step -parent acting in loco parentis.

efined as follows: (1) Minor shall be any person under the age of eighteen (18). (2) Parent means the natural and the legal parent and any guardian, custodian or step -parent acting in loco parentis. (3) Medical care and services mean the diagnostic examination, prescription and administration of medi cation and other items in the treatment of sexually transmitted diseases, the HIV virus, or AIDS, pregnan cy and substance abuse. It s hall not include surgery or any treatment to induce abortion. (4) Substance abuse means any excessive use or misuse of substances that lead to intoxication, psychiat ric disorder, physical disease, social dysfunction associated with dependency and damage t o health, social or vocational adjustment. (5) Sexually transmitted disease means any disease that is transmitted through sexual contact. (b) Consent Valid. The consent to the provision of medical care and service by public and private hospitals or public or private clinics, or the performance of medical care and services by a physician licensed to practice medicine or osteopathy, when executed by a female minor who is or professes to be pregnant, or by a minor who is or professes to be afflicted

cal care and services by a physician licensed to practice medicine or osteopathy, when executed by a female minor who is or professes to be pregnant, or by a minor who is or professes to be afflicted wit h or is concerned with being afflicted with a sexually transmitted disease, the HIV virus, or AIDS, or by a minor who suffers or professes to suffer from a substance abuse shall be valid and binding as if the minor had achieved his or her majority as the c ase may be; that is, a female minor who is or professes to be pregnant, or a minor who is or professes to be afflicted with or is con cerned with being afflicted with a sexually transmitted disease, the HIV virus, or AIDS, or a minor who suffers or profess es to suffer from substance abuse, or a minor who requests, shall be deemed to have and shall have the same legal capacity to act, and the same legal obligations with regard to the giving of such consent to the provision of medical care and services by suc h hospitals and such clinics, and such physicians as a person of full legal age and COL 6/21/202319 GCA PERSONAL RELATIONS CH.

ing of such consent to the provision of medical care and services by suc h hospitals and such clinics, and such physicians as a person of full legal age and COL 6/21/202319 GCA PERSONAL RELATIONS CH. 1 PERSONS IN GENERAL 10 capacity, the infancy of the minor and any contrary provision of law notwithstanding, and such consent shall not be subject to later disaffirmance by reason of such minorit y, and the consent of no other person or persons (including, but not limited to a spouse or parent) shall be necessary in order to authorize the provision of medical care or services by such hospitals and such clinics and by such physicians to the minor. (c) Providing Information. Public and private hospi tals, or public and private clinics or physicians licensed to practice medicine or osteopathy, shall not inform the spouse or parent of any minor patient of the provision of medical care and services to the minor or dis close any information pertaining to such care and services without the specific consent of the minor patient to whom such medical care and services have been provided under this Chapter. (d) Financial Responsibility.

tion pertaining to such care and services without the specific consent of the minor patient to whom such medical care and services have been provided under this Chapter. (d) Financial Responsibility. A minor who consents to the provision of medical care and services shall thereby assume financial responsi bility for the costs of such medical care and services. Notwithstanding any other law to the contrary, parents, governmental agencies or third party payers whose consent ha s not been obtained or who have no prior knowledge that the minor has consented to the provision of such medical care and services, shall not be liable for the costs incurred by virtue of the minor ’s consent. (e) Patient Counseling. The treatment of sexua lly transmitted diseases, the HIV virus, or AIDS, pregnancy and substance abuse, shall include individual counseling for each minor patient by a qualified person. Such counsel ing shall seek to open the lines of communication between parent and child. (f) This Act shall take effect immediately. SOURCE : CC § 37A enacted by P.L. 13 -020:2 (May 23, 1975) . Subsection (a)(3) amended by P.L. 22 -084:2 (Mar. 3, 1994). Subsection (a)(5) added by P.L.

d. (f) This Act shall take effect immediately. SOURCE : CC § 37A enacted by P.L. 13 -020:2 (May 23, 1975) . Subsection (a)(3) amended by P.L. 22 -084:2 (Mar. 3, 1994). Subsection (a)(5) added by P.L. 22 -084:5 (Mar. 3, 1994). Subsection (b) amended by P.L. 22 -084:3 (Mar. 3, 1994). Subsection (e) amended by P.L. 22 -084:4 (Mar. 3, 1994). § 1112. Contracts by Person Without Under standing . COL 6/21/202319 GCA PERSONAL RELATIONS CH. 1 PERSONS IN GENERAL 11 A person ent irely without under standing has no power to make a contract of any kind, but he is liable for the reason able value of things furnished to him necessary for his sup port or the support of his family. SOURCE : CC § 38. § 1113. By Persons of Unsound Mind . A conveyance or other contract of a person of unsound mind, but not entirely without under standing, made before his incapacity has been judicially determined, is subject to rescission, as provided in the Chapter on rescission in the Civil Code. SOURCE : CC § 39. § 1114. Powers of Persons Whose Incapacity Has Been Adjudged . After his incapacity has been judicially deter mined, a person of unsound mind can make no conveyance or other contract, nor delegate any power

Powers of Persons Whose Incapacity Has Been Adjudged . After his incapacity has been judicially deter mined, a person of unsound mind can make no conveyance or other contract, nor delegate any power or waive any right, until his restoratio n to capacity. But a certificate from the medical superintendent or resident physician of the insane asylum to which such person may have been committed, showing that such person has been discharged therefrom, cured and restored to reason, shall establish the presumption of legal capacity in such person from the time of such discharge. SOURCE : CC § 40. § 1115. Minors Liable for Wrongs, But Not for Exem plary Damages . A minor or person of unsound mind, of whatever degree, is civilly liable for a wrong don e by him, but is not liable in exemplary damages unless at the time of the act he was capable of knowing that it was wrongful. SOURCE : CC § 41. § 1116. Minors May Sue . (a) Except as otherwise provided by subsection (b), a minor may enforce his rights by civil action or other legal proceeding, in the same manner as an adult, except that a guardian must bring the same, provided that the plaintiff must first exhaust the COL 6/21/202319 GCA

is rights by civil action or other legal proceeding, in the same manner as an adult, except that a guardian must bring the same, provided that the plaintiff must first exhaust the COL 6/21/202319 GCA PERSONAL RELATIONS CH. 1 PERSONS IN GENERAL 12 administrative process mandated by Chapter 11, Title 17 GCA, if applicable. (b) A parent or legal guard ian of a public school student may bring a civil action for injunctive relief, mandate, prohibition or other legal remedy but not money damages on behalf of a public school student to secure or maintain the public school student’s right to an adequate publ ic education, provided that he must first exhaust the administrative process mandated by Chapter 11, Title 17 GCA. SOURCE : CC § 42. Amended by P.L. 28 -045:19 (June 5, 2005), P.L. 29 - 019:VI:81 (Sept. 29, 2007). ---------- COL 6/21/2023 COL 6/21/2023