In re Sam Okini Manu, an infant [1999] SBHC 74; HC-CC 188 of 1999 (30 July 1999)

IN THE H COURT OF SOLOMON ISLANDS
Civil Case No. 188 of 1999

IN THE MATTER OF KINI MANU (AN INFANT)

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IN THE MATTER OF THE ADOPTION ACT 1958

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HIGH COURT OF SOLOMON ISLANDS

(PALMER J.)

CIVIL CASE NUMBER 188 OF 1999

HEARING: 28^th Jul9

RULING: 30^th July 1999

CRYSTAL LA FOR THE APPLICANTS.

lass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> PALMER J.: Thia somewhat unusual adoptionption case. Unusual in that the infant, SAM OKINI MANU also known as ZHEN WEIJIE, to be adopted is a minor, who actually celebrates his 18th birthday this very day. The infant is of Chinese extraction, born on 30th July 1981, in Kaiping City, Guangdong Province, China, to the parents of Yan Gin Fong (also known as Yan Chan Fong or Yan Chan Fang) and Yan Way Yu (also known as Zhen Huirang) (see Notarial Certificate of Xu Liang' an filed in support of this application and affidavit of Yan Gin Fong filed 29th July 1999).

ass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> The infant therenot only knows who his parents are, but is capable of making up his own mind and has has actually done so in this particular instant, expressing his desire through his Guardian ad Litem, Samuel Tuaveku to be adopted by the Applicants. The parents have given their consent under oath and fully understand the impact of this application and any order of adoption this court might make (see affidavit of Yan Gin Fong filed 27th July 1999 and affidavit of Yan Way Yu sworn 14th May 1999).

I have also considered very carefully the question whether this adoption will be fo welfare of this chil child. The relationship between the Applicants, and the infant and parents of the infant started off as recently as 1993 when the parties resided together as neighbours at West Kola'a Ridge. The infant stayed with the Applicants when his parents moved to Auki on business. It was then that the idea of adopting the infant was suggested to the parents and discussed and agreed upon. The infant according to the affidavit of Yan Gin Fong (paragraph 6) had since 1993 been living with the Applicants. There is no evidence to suggest that the adoption if granted will not be for the benefit of the infant. Rather the affidavit evidence and the express view and preference of the infant points in his favour on this ground. I have also considered very carefully the question whether this adoption may have been drummed up out of convenience or any possible business arrangements that might have been considered to the extent that it might be said the Applicants in this case are not really in loco parentis to the infant and that an adoption order if granted may simply be regarded as an "accommodation adoption" [see Re A. an Infant (1963) 1 All E.R. 531]. Having considered the affidavit evidence filed, that concern no longer features heavily in my mind.

The issue whether any payments or rewards had been received by the Applicants does not arise in this case.

p class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> I have takena care in dealing with this application being conscious of the fact that legal adoption is not a matter to be treated lightly by any one. It entails what I would describe as a cutting off (complete severance from the natural or former parents) and a joining or grafting onto new parents (the Applicants). There is a permanent change in the status of the person adopted. In this instance, the citizenship of the infant will be altered instantly by the stroke of this Court's pen. He will at the end of this Court sitting rise to become a citizen of this country. His family relationships and obligations will also be altered. His rights and duties also change as a citizen of this country. It is not a small decision therefore because the change is so momentous.

Having satisfied myself that the requirements in law unhe Adoption Act (UK) of 1958 had been fulfilled and tand there being no reason or cause why I should refuse this application, I exercise the discretion I have to grant the adoption order sought in respect of the infant Sam Okini Manu in favour of the Applicants.

ORDER OF THE COURT:

GRANT ADOPTION OF INFANT, SAM OKINI MANU also known as Zhen Weijie, born July 30th 1981 to the parents Yan Gin Fong and Yan Way Yu, IN FAVOUR OF THE APPLICANTS BERTRAM MANU AND NEITRE MANU.

THE COURT