Tekanan v Tauman [2011] KIHC 61; Civil Case 11 of 2011 (18 February 2011)

IN THE HIGH COURT OF KIRIBATI
HELD AT BETIO
REPUBLIC OF KIRIBATI
CIVIL JURISDICTION

HIGH COURT CIVIL CASE 11 OF 2011

BETWEEN:

TIKAROOTI TEKANAN
TIBWERE TAUMAN
APPLICANTS

AND:

TARITA TAUMAN
BERENATO MOATAAKE
RESPONDENTS

FOR APPLICANTS: DANIEL WEBB
FOR RESPONDENTS: IN PERSON
Date of Hearing: 16 & 18 FEBRUARY 2011

JUDGMENT

The application is about seeking an Adoption Order in respect of a child named Teata Berenato. The background of the case is that one of the applicants, Tikarooti Tekanan had received an Adoption Order from a Magistrate Court in 2007 in respect of this same child. The issue brought before this Court is whether or not after a Magistrate Court Adoption Order of 23 October 2007, the natural parents still maintain some parental responsibility? If yes, then this Court must make an Order making a complete transfer of all the parental responsibilities to the adoptive parent.

Although there is no definition of adoption in the legislation and the Adoption Order made in 2007 did not expressly state the meaning of Adoption, STROUD's Judicial Dictionary (4th edition) defines Adoption Order as "having the effect of removing a child once and for all and entirely from the parents." It follows then that once a child is removed entirely from the natural parents to the adoptive parent, a complete transfer of parental responsibility also occurred. In the eyes of a Kiribati culture, once you have adopted a child you are bound to treat that child as your own and very importantly the child has a right to inherit properties from you. The Adoption Order made in 2007 allowed the applicant, Tikarooti Tekanan, to register the child, Teata Berenato as her own son and the child to inherit properties from her. In effect, the Adoption Order gave a full and complete transfer of parental responsibility from the natural parents, the respondents in this case, to the applicant, Tikarooti Tekanan. Therefore, there is nothing more left to be done by this Court.

Tetiro M Semilota
Commissioner