In re Application by Peni Matautia [2013] SBHC 22; HCSI-CC 308 of 2012 (21 March 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 308 of 2012

IN THE MATTER of the Adoption Action 2004

IN THE MATTER of Jade Kotoika a.k.a Rhohynie Agohasuga Saofaga
Infant

AND IN THE MATTER of Peni Matautia
Applicant

Date of Hearing : 22 February 2013
Date of Ruling : 21 March 2013

A Rose for the Applicant

RULING

[1] This is an application by Penny Matautia filed on 22 February 2013, pursuant to section 3 of the Adoption Act 2004, for the adoption of the infant Jade Rhohynie Agohasuga Saofaga Kotoika "infant".

[2] The Infant was born at Honiara, Solomon Islands, on 18 December 2011. The biological mother of the infant is Helen Kotoika of Valbrose, in Honiara, Solomon Islands. She has given her consent for the infant to be legally adopted the by the Applicant. She understands that once the adoption order is made, it will have the effect of permanently depriving her of her right as a parent of the infant and her say on any decisions relating to the future upbringing, custody, maintenance and education of the Infant. She has given her consent for the adoption of the Infant by the Applicant with the full knowledge of the provisions and effects of sections 6 and 7 of the Adoption Act 2004. And that she has not received any payment or reward for giving her consent for the adoption of the Infant by the Applicant.

[3] The Applicant's current address is c/- P O Box 629, Tasahe Ridge, Honiara. She was born on 27 July 1963 at Moto'otua, Samoa. Her current occupation is that of Human Resources Manager, Forum Fisheries Agency, at Honiara, Solomon Islands. Her Religion is that of Christianity, Protestant Church. She has two daughters, namely Saofaga Matautia and Tiatoia Matautia who were born on September 8, 1988 and July 28, 1997 respectively. They are both in excellent health and currently under the care and residing with her in Solomon Islands. She is a citizen of Samoa and 49 years of age. She first entered Solomons on February 2, 2008 under her first passport (No. T175743) and have been residing in Solomon Islands since then. She later re-entered under a new passport (No. T201706) under an exception as FFA employee. She is in good health and has been certified by Dr. Jagilly of Panatina Medical Centre, as medically fit to adopt the Infant. Further, that the Infant is also in good health as certified by a qualified medical practitioner, Dr. Divinal Ogaoga of the Family Medical Centre, as mentally, physically and socially normal for her age.

[4] The biological mother is a young girl from Bellona Island who is unemployed and does not have many relatives in Honiara for assistance. Further, as the Infant was born out of wedlock, her father did not want any part in or responsibility over the Infant's life and wellbeing. As a consequence, to the knowledge of the Applicant, the Infant's mother struggled with numerous hardships common in Honiara which have been detrimental to the life and wellbeing of the Infant. The biological mother of the Infant and the Applicant share the common view that the Infant's wellbeing and future will be considerably improved under the Applicant's care and possession. This common view is based on the facts that the Applicant is earning a salary of approximately SBD788, 600.00 per annum and has been a mother to, and cared for, her two children for many years.

[5] The preceding evidence and information is adduced in support of this application. Having considered the same carefully, the court is satisfied that the future and the wellbeing of the Infant would be served and guaranteed if the application is granted. In the circumstances, the application is granted. The Applicant will adopt the Infant from this 21 day of March 2013. Order accordingly.

THE COURT