In re Adoption Act 2004, Application by Boboria and Sua [2014] SBHC 109; HCSI-CC 123 of 2013 (9 September 2014)

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction
IN THE MATTER of the Adoption Act 2004;

AND IN THE MATTER of an application by Florence Hagu Boboria and Philipo Sua for the adoption of Filipo Junior Sua.

Mr. D. Marahare for the Applicants.
Date of hearing: 11 July 2014.
Date of Judgment: 9 September 2014.

RULING

Apaniai, PJ:

Introduction.

1. This is an application under the Adoption Act 2004 for the adoption of a child now called by the name of Filipo Junior Sua ("child"). The application is made by Florence Hagu Boboria ("Florence") and Philipo Sua ("Filipo") (both of whom are hereafter referred to as the "applicants").
   
2. The child is a male child born on 12 January 2010. He is now approximately 4 years and 7 months old. His natural mother, Roselyn Ramote'e ("Roselyn"), is from Asisiski village, West Kwara'ae, Malaita Province. Roselyn gave birth to the child when she was yet single. At the time of the child's birth, Roselyn was having a relationship with a man who is now married to Roselyn.
   
3. The man has denied that he is the father of the child despite Roselyn's insistence that he is the child's father. Attempts to have the man's parents and siblings adopt the child were in vain as the man's parents would not accept the child as their grandchild neither would the man's siblings accept the child as their nephew. Despite getting married to Roslyn, the man would not accept having the child in their home. The man and his parents and relatives all say that child has no blood connections with them, hence, they are not prepared to take the child into their custody or care for him.
   
4. Towards the end December 2009, the applicants arrived from New Zealand for holiday at Aisisiki village. They became aware of the child's plight. Florence is related to Roslyn and so the applicants started negotiating with Roselyn and her relatives with a view to adopting the child. Roselyn and her relatives agreed. The applicants then took the child into their care and custody and spent the rest of their holiday with the child at Aisisiki village.
   
5. In January 2010, Filipo returned to New Zealand while Florence remained with the child until the end of March 2010. Her attempts to take the child with her to New Zealand were not successful as she was not allowed to take the child with her unless she is given legal adoption or guardianship of the child. Florence left for New Zealand without the child but leaving the child with her parents and sister who continued to care for and raise the child in her absence.
   
6. Florence returned to Aisisiki again in September 2011 and spent three months with the child. She then returned to New Zealand and then returned again to Aisisiki in January 2012 to spend time with the child. She returned to New Zealand at the end of March 2012.
   
7. In December 2013, Florence and Filipo again came to Aisisiki to spend time with the child. They took the child into their care and custody while at Aisisiki. The child has now become accustomed to the applicants and has come to know them well. Filipo return to New Zealand on 9 January 2014. Florence remained with the child.
   
8. Since 2010, the applicants have been supporting the child financially by remitting money from New Zealand to Solomon Islands for the child's upkeep while the child remained in the care and custody of Florence's parents and her sister's (Hellen Alabae) family. They now want to take the child to New Zealand and bring him up in New Zealand, hence, this application.
   

The law.

9. Adoption is governed by the Adoption Act 2004 (the "Act"). The Act has laid down stringent conditions for making of adoption orders.
   
10. The first condition is that to qualify for adoption both the applicant and the infant must ordinarily be resident in Solomon Islands. This is a requirement under section 3 (5) of the Act. There is, however, an exception to that rule. Section 12 (2), as read with section 5(2), of the Act allows applications for adoption to be made by persons who are not ordinarily resident in Solomon Islands, but subject to the condition that the intending applicant must give at least a three months notice of the proposed adoption to the relevant local authority within whose area the applicant is living at the time of the application. In the present case, the relevant local authority is the Malaita Provincial Executive.
    
11. The second condition is that under section 6 (1) (a) of the Act, the consent of the parent or parents of the child is necessary. Where no such consent is given, no adoption order can be made.
    
12. The third condition is that, to make an order, the court must be satisfied as to the matters prescribed in section 9 of the Act. These matters include evidence of the consent of the child's parents; evidence that the parents understood the nature and effect of the adoption order in particular the fact that order will permanently deprive them of their parental rights; that the order will be for the welfare of the child; and, that the applicants have not been promised, or received, any payment or other reward in consideration of the adoption.
    
13. The fourth condition is that the court must be satisfied as to the health of the applicants and the wishes of the child having regard to his or her age and understanding.
    
14. The fifth condition is contained in section 5(1) of the Act which requires that the child must have been in the continuous care and possession of the applicant for at least three months immediately preceding the date of the order.
    

The applicants.

15. As stated earlier, Florence is from Aisisiki village and is a close relative of Roselyn, the natural mother of the child. Florence was born on 19 September 1979 and is now approximately 35 years of age. She is a trained school teacher currently working in New Zealand at Count Down Company as a Dry Goods Assistant earning a gross salary of approximately NZ$42,982.00 per annum. She has four brothers and three sisters all of whom are still alive. Her parents are also still alive. They are all in support of the adoption.
    
16. Filipo is a Samoan living in New Zealand. He was born on 1 October 1976 and is now approximately 38 years of age. He works as a carpenter with Paton Roofing Services Ltd earning a gross salary of approximately NZ$55,120.00 per annum.
    
17. Filipo and Florence met in 2008 and have been living together since then. They have no children of their own. They have since entered into a legal marriage in New Zealand on 11 June 2010. They live at a rented accommodation in Manukau, New Zealand.
    

Residency of the applicants.

18. The applicants are residents of New Zealand. As such, to qualify for an adoption order, they must show that they have given at least a three months notice of the proposed adoption to the Malaita Provincial Executive. I am satisfied that they did give the required notice[1].
    

Consent of the natural parents.

19. I am also satisfied that the natural mother of the child, Roslyn Ramote'e, has given an unconditional consent for the child to be adopted by the applicants and that she understood the nature and effect of the adoption order, in particular the fact that order will permanently deprive her of her parental rights over the child[2]. The consent was signed on 15 April 2014. At the date of signing the consent, the child was approximately 4 years and 3 months old.
    

Welfare of the child.

20. I am satisfied the applicants are sufficiently healthy as required under section 9(2) of the Act[3]. I am also satisfied that the applicants are a young couple who are financially capable of providing for the needs of the child as well as providing a suitable home for the child in New Zealand. Their attachment to the child as shown in the Social Welfare report[4] is testimony to their love and affection for the child.
    

Payment of remuneration to the applicants.

21. There is no evidence before me to show that the applicants have been promised, or have received, any payment or other reward in consideration of their application to adopt the child.
    

Continuous care and possession of the applicant for three months.

22. The evidence is clear that the child has, for a considerable time since 2010, been in the continuous care and possession of the applicants and has been in such care and possession for at least three months immediately preceding this application[5].
    

Decision.

23. This application is therefore granted.
    
24. It is ordered that the applicants, Florence Hagu Boboria and Philipo Sua, do adopt jointly the child, Filipo Junior Sua, of Aisisiki village, born on 12 January 2010.
    
25. No order for costs.
    

THE COURT

James Apaniai
Puisne Judge.

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^[1] See exhibit “B”, sworn statement by Donald Marahare filed 11 July 2014.
^[2] See Form 6, statutory declaration by Roslyn Ramote’e dated 15 April 2014.
^[3] See report by Social Welfare Division of the Ministry of Health & Medical Services marked as exhibit “A” to the sworn statement by Presley Suruma filed 30 January 2014.
^[4] See exhibit “A”, sworn statement by Presley Suruma filed 30 January 2014.
^[5] See report by Social Welfare Division, opcit.