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Tesua v Pugeva [2019] SBHC 3; HCSI-CC 87 of 2018 (30 January 2019)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 87 of 2018

DAMIEN STEPHEN TESUA
Infant

v

CORTIS PUGEVA
Applicant

Date of Hearing: Written Submission 29 November 2018
Date of Grant of Adoption Order: 30 January 2019

Mr. J Taupongi for the Applicant

GRANT OF ADOPTION ORDER

Introduction

1. Mr. Cortis Pugeva, the applicant, is desirous of adopting the infant, Damien Stephen Tesua. The infant was born on 15/10/2013. Infant is about 5 or 6 years of age. Infant is no stranger to the applicant. For the infant is the son of applicant’s younger brother, Mr. Scaden Tesua. Applicant resides in Honiara and is from Bellona Island. Applicant gets paid job from time to time, but is not in permanent employment. Applicant, however, has 2 properties in West Honiara. Applicant resides in one house and is renting out the other, from which he earns a stable income.
2. The infant has been in the care and possession of the applicant since late 2015. Infant was only 2 years old. But that is not surprising, because this is very much a family arrangement. For I note that the infant is the son of applicant’s younger brother. The Social Welfare Report concluded that adoption is made for the welfare and best interest of the child for the future care, upbringing and education of the infant. The reported observation is, the applicant has the ability to raise the infant as a single man. And that he will look after and love the infant.

The law

3. Adoption is governed by the Adoption Act 2004 [No.4 of 2004] [the Act]. The Act laid down stringent requirements^[1] for making of adoption orders. There are 5 conditions. First, applicant must be ordinarily resident in Solomon Islands Section 3 (5) of the Act. However, exceptions are provided for under Section 12. Applicant is from Bellona and resident of West Honiara. Second is consent of parent of the infant. Mr. Scaden Tesua and wife Joana Taika, the parents of the infant have given consent. Third are various matters mentioned in Section 9 (1) (a) - (c) of the Act. Matters like consent of parents, parents understood the nature and permanent effect of adoption; welfare of the child and adoption not influenced by money or other rewards. Materials before the court speak affirmative in all these matters for instance, the social welfare report concluded that adoption is for the welfare and best interest of the infant.
4. The fourth is good health of the applicants and wishes of the infant having regard to the age and understanding of the infant (Section 9 (2) of the Act). Again, the Social Welfare Report and Medical Report speak favourable on this condition.
5. Fifth condition; in Section 5 (1) of the Act that the child must be in the continuous care and possession of the applicant, for at least 3 months, immediately preceding the date of the adoption order. Infant was in the care and possession of the applicant since 2015, the evidence shows.

Court satisfied, conclusion and orders

6. Having considered the materials and as discussed in paragraphs 3, 4 and 5 above, court is satisfied that this adoption application can pass the stringent conditions of the Act. Accordingly, the orders of this court are:-
   • 6.1 Adoption application is hereby granted.
   • 6.2 Mr. Cortis Pugeva, do adopt the infant, Damien Stephen Tesua, born in 2013, to Mr. Scaden Tesua and Joan Taika.

THE COURT
................................
JOHN A KENIAPISIA
PUISNE JUDGE

^[1] See Boboria –v- Sua (2014) SBHC 109; HCSI-CC 123 OF 2013 (9^TH September 2014).