Adoption of Ne'e [2019] SBHC 47; HCSI-CC 493 of 2018 (29 May 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Ne’e; Re
Citation:
Date of decision:	29 May 2019
Parties:	Shirley June Ne’e, Wilson Ne’e
Date of hearing:	2 May 2019(Written Submission only)
Court file number(s):	CC 493 of 2018
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	Grant recognition for the custom adoption of Shirley June Ne’e, in favour of the Applicant, Mr. Wilson Ne’e. The name of the custom adopted person is Shirley June Ne’e. Relevant authorities to facilitate this name change, if pursued by the applicant.
Representation:	Mr. W Ghemu for the Applicant
Catchwords:
Words and phrases:
Legislation cited:	Adoption Act 2004,s28
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 493 of 2018

BETWEEN

SHIRLEY NE’E
Adult

AND

WILSON NE’E
Applicant

Date of Hearing: 2 May 2019 (Written Submissions only)
Date of Decision: 29 May 2019

Mr. W Ghemu for the Applicant

RECOGNITION OF CUSTOMARY ADOPTION

1. Mr. Wilson Ne’e and wife Lena Ne’e have taken in Shirley June Ne’e as their adopted daughter, at the age of eight. Materials disclosed that Shirley June Ne’e is now 23 years old. So a normal application for the adoption of an infant, is not be possible. The applicant, Mr Ne’e therefore seek this court’s indulgence for recognition of the adoption, which is said to be a family arrangement and sanctioned at custom (custom adoption).
2. In custom, I can qualify myself as the adopted son of James Keniasina (deceased). Late James is the cousin brother of my mother. My mother (a widow) could not afford my school fees. So the custom adoption arrangement worked well for my benefit. My late uncle was lending a helping hand to my mother, within the clan/family unit. I am sharing this to show that custom adoption arrangement is possible between family members, in their best interest.
3. In this case, the custom adoption arrangement was for Mr Ne’e and his wife’s best interest. Wife was not going to give birth, after difficulties with their first born son (caesarean birth). And so Mr. Ne’e and wife decided to adopt Shirley as their daughter in addition to their only son. Adoption was also for Shirley’s interest, because her parents (Mr. Denis Wickham and Shirley Wickham) were finding it hard to care for the upkeep of Shirley’s welfare at infancy stage.
4. Mr. Ne’e and wife raised Shirley up to be an adult. Now at 23 years, Mr. Ne’e and wife wants to have the custom adoption accorded a legal lens. Mr Ne’e seek relief from this court, to recognise their custom adoption of Shirley June Ne’e.
5. Custom is part of the laws of Solomon Islands, provided that the custom does not infringe Statute and the Constitution (Schedule 3 (3) of the Constitution). I have evidence of the custom in sworn statement, inclusive of statutory declaration by Shirley’s biological parents. I do not have reason to suspect that this custom adoption may or is likely to violate against the Constitution or Statute. Custom adoption is endorsed under Section 28 of the Adoption Act (2004) (No 4 of 2004). Section 28 relevantly states:
   • “For the avoidance of doubt, it is hereby declared that the provisions of this Act shall not in any way affect any adoption made in accordance with any prevailing custom in Solomon Islands, prior to or after the commencement of this Act”.
6. Section 28 recognised custom adoption. This custom adoption was made prior to 2004. I am satisfied on the materials, with the custom adoption. I pronounce recognition of the custom adoption of Shirley June Ne’e. I also grant order that her name be changed to “Shirley June Ne’e”. And that where necessary, relevant authorities shall facilitate the name change.
   • (6.1) Grant recognition for the custom adoption of Shirley June Ne’e, in favour of the Applicant, Mr. Wilson Ne’e.
   • (6.2) The name of the custom adopted person is Shirley June Ne’e.
   • (6.3) Relevant authorities to facilitate this name change, if pursued by the applicant.

THE COURT
JOHN A KENIAPISIA
PUISNE JUDGE