Adoption of Rapuinoni [2019] SBHC 48; HCSI-CC 234 of 2019 (11 July 2019)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Adoption of Rapuinoni, Re
Citation:
Date of decision:	11 July 2019
Parties:	Chrisham Care Rapuinoni, Donald Marahare, Sonia Marahare
Date of hearing:	28 June 2019 (written submission)
Court file number(s):	CC 234 of 2019
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	Adoption application is hereby granted Mr. Donald Marahare and Mrs Sonia Marahare, do jointly adopt Chrisham-Care Rapuinoni, born to Nester Ngelea
Representation:	Applicants-Self Litigants
Catchwords:
Words and phrases:
Legislation cited:	Adoption Act 2004
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 234 of 2019

BETWEEN:

CHRISHAM CARE RAPUINONI
Child

AND:

DONALD MARAHARE
Applicant-Husband

SONIA MARAHARE
Applicant-Wife

Date of Hearing: 28 June 2019(Written Submission)
Date of Ruling: 11 July 2019

Applicants – Self Litigants

GRANT OF ADOPTION ORDERS

1. Applicants are a couple - Mr. Marahare and Mrs. Marahare. Applicants are a wealthy couple, by Solomon Island standards. Applicants are residing and working in Honiara. Mr. Marahare is a well-known legal practitioner and proprietor of DNS Partners Law Firm. Mrs. Marahare, a lawyer by profession, works with Central Bank of Solomon Islands, in a high-ranking legal role. Applicants have two houses. Applicants occupy one and renting out the other.
2. Child has been in the care and possession of the applicants for 10 years since he was taken in at the age of 3 years. Applicants are desirous of adopting the child as their son. Application is not objected. Hence would be a pre-determined outcome. Nonetheless, I must consider the materials against the requirements of the law on adoption. The law is the Adoption Act 2004 (No 4 of 2004) as Amended in 2017. The said Act laid down stringent requirements for making of adoption orders. I wish to highlight, the stringent requirements.
3. The one important requirement, is whether this application is for the welfare and best interest of the child. And the answer must be in the affirmative, in view of the social welfare report. I alluded to briefly at the beginning that applicants are a wealthy couple residing and working in Honiara. And currently enrolled the child at a very expensive school in Honiara (Chung Wah School). To say the applicants are wealthy is most relevant, because it means the applicants are able to raise and care for the child in an expensive city like Honiara.
4. I do not consider material wealth only. The evidence before me speak affirmative of the applicants’ love and care for the child. The same could be said of the child. I interviewed the child and observed that he is a happy young boy, who prefer to be called Chris. Chris breathes in a family environment that will serve his interest and welfare. He is attending school. He has a stable home (not overcrowded) to grow up in. He is receiving good parental care. Throughout the interview he refers with ease to the applicants as his parents or mum and dad. His parents supports him in his leisure pursuit. He likes to play soccer and basketball. I can sense the bonding that has been cherished over time between Chris and his parents, the applicants.
5. Other requirements are consent of child’s parent; good health of applicants and child; child be in the continuous care and possession of applicants 3 months prior to adoption order and no inducement by payment etc. Materials before me, speak affirmatively on all these requirements of the law.
6. Accordingly; Court orders are:-
   • (6.1) Adoption application is hereby granted.
   • (6.2) Mr. Donald Marahare and Mrs. Sonia Marahare, do jointly adopt Chrisham-Care Rapuinoni, born to Nester Ngelea.

THE COURT
JOHN A KENIAPISIA
PUISNE JUDGE