Codlin v Yamato [2023] KIHC 32; Civil Case 41 of 2023 (10 November 2023)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CIVIL CASE 41 OF 2023

IN THE MATTER OF ADOPTION OF CHILDREN ACT 1958 AND IN THE MATTER OF TERAONO IBEANIBURE

BETWEEN:
MATHEW WILLIAM CODLIN
MWATI YAMATO
Applicants

AND:
TEREIAKI YAMATO
IBEANIBURE TIMIRAU
1^ST Respondent

AND:
TERAONO IBEANIBURE
2^ND Respondent

Date of Judgment: 10 NOVEMBER 2023

For the Applicants: Ms. Kiata Kabure

R U L I N G

After perusing the application papers with the supporting affidavits and references, I am not convinced that an adoption should be approved; it is not safe to conclude that it is in the interest of the child for the following reasons;

- The references from the adoptive father's mother, sister, and brother-in-law carry no weight as they are very close relatives and are prone to give good references. Although not expressly stated, an independent reference should be provided;
- The mother of the adoptive father provided new evidence that this adoption would be their fifth child which is contrary to the applicants’ evidence;
- The natural father only acknowledges that the adoptive parents have a 1-year-old son and that adopting Teraono Ibeanibure would mean having a big sister to look after him, nurture him and keep him company a sister would offer. This statement shows that the natural father is not aware that the applicants had adopted two girls before.

THE HON TETIRO SEMILOTA MAATE MOANIBA
ACTING CHIEF JUSTICE