Adoption of Gwen Kimberly Folasi, Re [2020] SBHC 61; HCSI-CC 670 of 2019 (15 May 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Adoption of Gwen Kimberly Folasi, Re
Citation:
Date of decision:	15 May 2020
Parties:	Gwen Kimberly Folasi, Kennedy Charles Folasi, Kristy Michelle Nowland
Date of hearing:	8 May 2020(Written Submissions only)
Court file number(s):	670 of 2019
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia J
On appeal from:
Order:	6.1. Joint adoption application is hereby granted 6.2. Mr. Kennedy Charles Folasi and Mrs. Kristy Michelle Nowland, do jointly adopt Gwen Folasi, born to Mr. James Folasi and Mrs. June Folasi. 6.3. Child’s adoption name is “Gwen Kimberly Folasi”
Representation:	Mr. B. Upwe for the Applicants
Catchwords:
Words and phrases:
Legislation cited:	Adoption Act 2004 (No. 4 of 2004), Adoption Amendment Act 2017 (No. 4 of 2017), S.25(1)- (5)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 670 of 2019

BETWEEN

GWEN KIMBERLY FOLASI
Child

AND:

KENNEDY CHARLES FOLASI
Applicant – Husband

AND:

KRISTY MICHELLE NOWLAND
Applicant-Wife

Date of Hearing: 8 May 2020 (Written Submissions only)
Date of Decision: 15 May 2020

Mr. B. Upwe for the Applicants

GRANT OF ADOPTION ORDER

1. Applicants are a married couple. Husband applicant is from Solomon Islands. Wife applicant comes from Australia. Applicants reside and work in Honiara. Applicants are high income earners. Applicants are desirous to adopt the child, Gwen Kimberly Folasi a female, of around four years old. The child is no stranger to the applicants. Child is the daughter of Mr. James Folasi and Mrs. June Folasi. Mr. James Folasi and Mr. Charles Folasi (husband applicant), are biological brothers, from Solomon Islands.
2. This adoption is a family arrangement, between the two brothers and their respective spouses. Hence the application is not objected. So the outcome is predetermined. Nonetheless, I am obliged to consider the materials against the law on adoption. The law is the Adoption Act 2004 (No. 4 of 2004) and Adoption Amendment Act 2017 (No. 4 of 2017). The law laid down stringent requirements, for making of adoption orders.
3. The first relevant requirement is applicants must be “ordinarily resident”^[1] in Solomon Islands. And if not, applicants must supply report from the adoption authority in the country, the applicants are “ordinarily resident”, certifying the applicants’ suitability to adopt a child. Such a report will then be attached to a report from the local social welfare office. Here applicants are ordinarily resident in Solomon Islands, though wife applicant, is an Australian. I do not need a report from an Australian adoption authority. The local social welfare office, through the guardian ad litem, has produced a report, highly recommending adoption.
4. Next is welfare and best interest of the child. According to social welfare report (guardian ad litem), adoption is for welfare and interest of the child. Child is happy. Applicants love the child. Social welfare report speaks of love and bonding between applicants and child. Applicants took the child in at infancy stage, with consent of her parents. Applicants are highly paid professionals. Applicants are sending the child to school, at YWCA Kindy, in Honiara. I have no doubt applicants will provide for child’s needs, both now and in the future, in Solomon Islands or Australia. Other requirements are: consent of child’s parent; good health of applicants and child; child to be in the continuous care and possession of the applicants 3 months prior to adoption order and no inducement, through any forms of payment or reward. Materials before the court, speak with assent, on all these stringent requirements.
5. On consent, for instance, parents of the child, have deposed a joint sworn statement^[2] in support of this application. Parents are fully aware of the effect of any adoption order. That their parental rights, will be surrendered to applicants, upon grant of adoption. Requirement on three months’ public notice, preceding this application, has been satisfied.
6. In all that I say, I am satisfied the applicants are suitable persons to adopt the child. And above all, this adoption application, is made for the welfare and best interest of the child.
   • 6.1. Joint adoption application is hereby granted.
   • 6.2. Mr. Kennedy Charles Folasi and Mrs. Kristy Michelle Nowland, do jointly adopt Gwen Folasi, born to Mr. James Folasi and Mrs. June Folasi.
   • 6.3. Child’s adoption name is “Gwen Kimberly Folasi”.

THE COURT
JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] Section 25 (1) – (5) of the Adoption (Amendment) Act 2017 (No. 4 of 2017).
^[2] Joint statement of Mr. James Folasi and Mrs. June Folasi, filed 26/11/2019.