Adoption of Anikwai [2021] SBHC 10; HCSI-CC 19 of 2020 (12 February 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Adoption of Anikwai
Citation:
Date of decision:	12 February 2021
Parties:	Allie Ben funu Anikwai, Andrew James Connelly, Anna Annie Kwai
Date of hearing:	5 January 2021 (written Submissions only)
Court file number(s):	19 of 2020
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	4.1 Adoption application is hereby granted. 4.2 Mr. Andrew James Connelly and Mrs. Anna Annie Kwai, do jointly adopt the child, Allie-Ben Funu Anikwai born to deceased Tony Funu and widow Nester Anikwai. 4.3 This grant order superseded the interim order made previously
Representation:	Ms. S. M Kofana for Joint Applicants
Catchwords:
Words and phrases:
Legislation cited:	Adoption Amendment 2017 Section 25 sub-section (1) read with sub-section (2) of the (No. 4 of 2017). Section 25 (5) (b)
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 19 of 2020

BETWEEN

ALLIE BEN FUNU ANIKWAI
Child

AND:

ANDREW JAMES CONNELLY
Husband-Applicant

AND

ANA ANNIE KWAI
Wife-Applicant

Date of Hearing: 5 January 2021 (written Submissions only)
Date of Decision: 12 February 2021

Ms. S. M. Kofana for Joint Applicants

GRANT OF ADOPTION ORDER

1. Husband applicant is Mr. Andrew James Connelly, a national of the United States of America (“USA”). And got married to the wife applicant, Mrs. Anna Annie Kwai, a Solomon Islander. Joint applicants were residing in Port Moresby for employment purposes at the time of filing the application for adoption in January 2020. Joint applicants are currently residing in the USA, having repatriated back to the States in year 2020, due to Covid-19.
2. Joint applicants have two children of their own. And are desirous to adopt Funu Anikwai as their third child. Child is no stranger to the joint applicants. Child is the daughter of Nester Anikwai. Nester Anikwai is the elder biological sister of the wife applicant (Anna Annie Kwai). Child was living with the joint applicants, under an internal family arrangement, rooted in custom between the two sisters (Nester Anikwai – mother of child and Anna Annie Kwai – wife applicant). Evidence showed that Nester Anikwai, a widow with 5 children, consented to give the child up for guardianship and eventually for adoption to her sister, the wife applicant. This is seen as a way to alleviate the burden of raising 5 children by the widow sister – Nester Anikwai. This arrangement was the wish of Nester Anikwai’s deceased husband – late Tony Funu. Application is not objected. It is a family arrangement between two sisters.
3. I have no great trouble in granting this application because the materials have satisfied the stringent requirements of the Adoption Act 2004 (No. 4 of 2004) as amended in 2017. I will briefly outline the stringent requirements because the application is not objected.
   • (i) Applicants are ordinarily resident in Solomon Islands^[1] - and if joint applicants are not ordinarily resident in Solomon Islands (“SI”), they must supply a report from the adoption authority in USA – where they reside certifying their suitability to adopt a child. Such report will then be attached to a report from our local social welfare. I have always held the view that this requirement will apply to applicants who are coming from overseas, just to adopt a child, without any attachment to this country. Court has to be careful with the suitability of the joint applicants through a report from the adoption authority in USA. Here the joint applicants are residents of the USA. But have family connections to SI, through wife applicant, a native of Malaita. That is possible today because the globe is like a village. Solomon Islanders can marry to overseas spouses or can migrate overseas for different reasons. And can make overseas country of their spouses their home. They can also choose SI as their home. Solomon Islanders can migrate overseas for work, marriage, residence and some may eventually end up changing their citizenship status/passport. This is what is happening here. Wife applicant is a Solomon Islander. Got married to a USA spouse. And currently residing in USA. This inter-country connection aspect of the joint applicants’ marriage life led me to conclude that they have strong attachment to SI. I am satisfied the joint applicants have family connections to SI. The world is a village. And people cross border connections like in marriages and family should be enhanced and not forbidden. The 2017 amendment do recognised inter –country adoption^[2]. So I can dispense with the requirement for a report from the adoption authority in USA. I do have a local social welfare report which highly recommends adoption, in favour of the joint applicants.
   • (ii) Welfare and best interest of the child – this must be answered in the affirmative in view of the social welfare report. Child could not accompany the joint applicants from Papua New Guinea (“PNG”) to the USA because of visa issues. And is temporarily repatriated to Honiara, awaiting the outcome of this adoption application. A positive outcome in this application will open the way to applying for USA visa for the child. Child misses her parents and siblings (joint applicants’ family). And wishes to re-join them back when borders are re-opened and pending the outcome of this adoption application. Child has developed parental/family bonding with the joint applicants’ family. Child and joint applicants both look forward to the outcome of this adoption application, which will pave the way for their re-union. That re-union holds hope for the future of the child, whose father had died. The widow mother saw hope in this adoption arrangement for her daughter. Mother has four other children to feed, a struggling widow.
   • (iii) Consent of child’s parents - mother of the child, Nester Anikwai, had agreed for her daughter to be adopted by her sister – wife applicant. Father of the child died. But it was the deceased father’s wish to have the child given to the joint applicants, prior to his passing on.
   • (iv) Good health of applicants and child – there is good health status from the doctor’s report for both the child and joint applicants as disclosed in evidence.
   • (v) Child to be in the continuous care and possession of the applicants 3 months before adoption – I say above that child is no stranger to the joint applicants. Child had lived with the joint applicants (well more than 3 months) long enough in PNG. Only returned to Solomon Islands in year 2020, because of Covid-19 separation and USA visa issues. Visa issues will be resolved with grant of adoption.
   • (vi) No inducement – as the application is not objected there is no concern from the materials on inducement.
   • (vii) Three months public notice prior to adoption application- No notice was put up in Auki, Malaita Province as required. Mother of child resides in Malaita. Lawyer for the joint applicants wrote to Malaita Provincial Clerk to put up notice. There is no notice from Malaita Provincial Clerk. But this has been a family arrangement between two sisters. I am satisfied with this requirement anyway.
4. Court is satisfied the application is made in the best interest and welfare of the child, Allie-Ben Funu Anikwai. Accordingly, the orders of the Court are:
   • 4.1 Adoption application is hereby granted.
   • 4.2 Mr. Andrew James Connelly and Mrs. Anna Annie Kwai, do jointly adopt the child, Allie-Ben Funu Anikwai born to deceased Tony Funu and widow Nester Anikwai.
   • 4.3 This grant order superseded the interim order made previously.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE

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^[1] Section 25 sub-section (1) read with sub-section (2) of the Adoption Amendment Act 2017 (No. 4 of 2017).
^[2] Section 25 (5) (b) of Adoption Amendment Act 2017 (No. 4 of 2017).