Adoption of Sua, In re [2024] SBHC 100; HCSI-CC 231 of 2023 (16 September 2024)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Adoption of Sua, Re
Citation:
Date of decision:	16 September 2024
Parties:	Florisha Boboria Sua and Filipo Sua, Florence Hagu Boboria Sua
Date of hearing:	10 September 2024
Court file number(s):	231 of 2023
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	i) Mr and Mrs Sua’s application for adoption is hereby granted; ii) It is ordered that the applicants, Mr Filipo Sua and Mrs Florence Hagu Boboria Sua do jointly adopt the child Florisha Sua. iii) For the purpose of this adoption order, the child’s name shall be Florisha Sua. iv) No orders for cost.
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IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 231 of 2023

IN THE MATTER OF THE ADOPTION ACT 2004

BETWEEN

FLORISHA BOBORIA SUA
Infant

AND:

FILIPO SUA
Applicant/Husband

AND:

FLORENCE HAGU BOBORIA SUA
Applicant/Wife

Date of Hearing: 10 September 2024
Date of Decision: 16 September 2024

Mr Lappy Hite for the Applicant

Judgment

Bird PJ:

1. This is an adoption case under the provision of the Adoption Act 2004. The name of the child is Florisha Sua. She was born on 15 November 2017. She is the fourth child in a family of six children. She originates from Labustaka Village in Malaita Province. Her father and mother do not have any formal employment. They support the family through gardening and sale of cash crops. The child’s biological father is the brother of Mrs Florence Hagu Boboria Sua, the Applicant Wife.
2. Mrs Sua is a Solomon Islander. She is married to Mr Filipo Sua, a Samoan national. They live and work in New Zealand. They have adopted their first child in 2014. His name is Filipo Junior Sua and also a Solomon Islander by birth. This court granted the adoption order on 9 September 2014. That child is currently living with the applicants in New Zealand.
3. The arrangement for Mr and Mrs Sua to adopt Miss Florisha Sua went back as far as the time when her biological mother was pregnant with her. The biological parents were facing financial hardship to support and maintain their many children. It was agreed that Mr and Mrs Sua would adopt the child.
4. From that arrangement and after her birth, Miss Sua was informed by her biological parents that her mummy is Mrs Sua. Continuous contacts with the child was arranged in which Mr and Mrs Sua used to do video calls with Miss Sua if they were in New Zealand. Mrs Sua travels to and from Solomon Islands on many occasions to be physically with the child. In fact, Mrs Sua has been spending 3 to 4 months each year in Solomon Islands to be with the child. Their interactions is splendid and this is all done for the benefit and welfare of the child. Since her birth in 2017, Mr and Mrs Sua have been financially supporting the child to date. They would transact money from New Zealand to cater for the child’s needs in the country.
5. Whilst the adoption process is being done by this court, Mr and Mrs Sua have placed the child in the care of Mrs Betty Gegefooa, an aunt and teacher by profession. She currently attends kindergarten at Kolana School in East Guadalcanal. Mrs Gegefooa is a teacher at that school.
6. If the adoption application is granted by this court, Mr and Mrs Sua intends to take the child to New Zealand to live with them there. They will arrange to send her to a Catholic School. They will also arrange to have her attend extra classes if need be. The child has a Solomon Islands passport. The bio page of her passport has been given to me in court. In the said passport, her name is Florisha Sua.

The Law

7. I am empowered to grant orders for adoption under the provisions of the Adoption Act 2004. I must however be satisfied of certain requirements before I can grant an order for adoption. These requirement are the following namely:
   1. Residency of the applicants;
   2. Consent of the biological parents;
   3. Welfare of the child; and
   4. Continuous care and possession by the applicants for three months.

Residency of the applicants

8. The applicants are both living and working in New Zealand. The issue of residency is therefore an issue to deal with. Mr Sua is a resident of New Zealand. He comes to Solomon Islands on various occasions. Mrs Sua is a citizen of Solomon Islands. She travels between New Zealand and Solomon Islands very often. Since their intention to adopt the child, Mrs Sua has been travelling to Solomon Islands, spending at most 3 to 4 months each year to be with the child. She is currently in the country for that purpose and to further pursue their application before this court.
9. The child has been moved to and is currently living with her aunt Mrs Gegefooa at Kolana School in East Guadalcanal since 2022. Mrs Sua visits the child at Kolana School but lives in Honiara with relatives.
10. The prescribed three months’ notice of the applicants’ intention to adopt the child was sent to the Clerk, Honiara City Council on 19 August 2019. A reply to that notice was made by Honiara City Council on 22 November 2019. That letter acknowledged the receipt of the notice and further confirmed that there was no objection to the applicants’ intention.
11. Through lapse of time, the intention was not further pursued until an application was filed in this court on 23 May 2023. From 2019 to the filing of their application, Mrs Sua has continued to travel to and from Solomon Islands to be with the child.
12. To comply with the notice dated 19 August 2019, Mrs Sua has moved the child to Guadalcanal and has been living in Honiara during her usual visits to the country from 2022 to this date. I am therefore satisfied that the residency requirement under the Adoption Act has been complied with in this case.

Consent of the biological parent (s)

13. The child is the daughter of Mrs Sua’s brother. In annexure marked FS 3 of the sworn statement of Filipo Sua filed on 30 July 2024, the biological father of the child executed a consent form, giving his consent for the child to be adopted by Mr and Mrs Sua. I am satisfied that consent was freely made by the child’s biological father in support of the application. There is no evidence before me that the Mr and Mrs Sua or the biological parents have promised, or have received any payment or reward in consideration of the application to adopt the child.

Welfare of the child

14. The sworn statement of Mrs Sua filed in support of their application has attached copies of their respective income statements. The applicants are both employed and earn good salary to support the child. They have previously adopted a Solomon Islander child in 2014. That child had been adequately cared for by the applicants.
15. Mr and Mrs Sua have continuously supported the child since making known their intention to adopt her. They have been sending money to support her whilst they are not in the country. They have paid for the child’s education at Kolana kindergarten to date. They intend to put the child to a Catholic School in New Zealand if their application is granted. They have future plan for the child. The first child that they have adopted in 2014 is currently attending De La Salle College and I have sighted his school report.
16. Upon the above discussion, I am satisfied that Mr and Mrs Sua has expressed their love and concern for the child. I am further satisfied that having read their application and sworn statements filed in this case, Mr and Mrs Sua are sure to put to heart the total welfare of the child.

Continuous care and possession

17. Mr Sua has been to the country to visit the child and Mrs Sua’s family. Mrs Sua on the other hand has been travelling to and from Honiara each year to be with the child and to pursue their application for adoption. She stated that she used to travel to the country each year and spending 3 to 4 months here to be with the child. I am therefore satisfied that the child has been in the applicants continuous care and possession for at least 3 months prior to the filing of their application for adoption.
18. In the application, the child is named as Florisha Boboria Sua. In her birth certificate, she is also named as Florisha Boboria Sua. In her passport bio page, she is named as Florisha Sua. That is the name that will be used in the adoption order.

Conclusion and decision

19. Being satisfied of all four requirements stipulated under the Adoption Act 2004. I hereby make the following orders:
    1. Mr and Mrs Sua’s application for adoption is hereby granted;
    2. It is ordered that the applicants, Mr Filipo Sua and Mrs Florence Hagu Boboria Sua do jointly adopt the child Florisha Sua.
    3. For the purpose of this adoption order, the child’s name shall be Florisha Sua.
    4. No orders for cost.

THE COURT
Justice Maelyn Bird
Puisne Judge