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In the matter of an Application by James Vuvu for the Adoption of the Children Sante and Tianna Jubilee [2023] PGNC 294; N10446 (23 August 2023)

N10446

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

OS NO. 20 OF 2023

BETWEEN:
IN THE MATTER OF AN APPLICATION UNDER THE ADOPTION OF CHILDREN ACT, CH, 275

AND:
IN THE MATTER OF AN APPLICATION BY JAMES VUVU AND CATHY SAKI VUVU FOR THE ADOPTION OF THE CHILDREN SANTE LIMA JUBILEE AND TIANNA ROSE JUBILEE
Applicants

Lae: Dowa J
2023: 18^th and 23^rd August

PRACTICE AND PROCEDURE – adoption of children — jurisdiction —Whether applicants met the requirements of Adoption of Children Act, sections 2, 3, 5, 7 & 9 and 15 - Whether adopting parents are fit and proper persons- welfare, interest and happiness of the adoptive children are of paramount consideration - application granted.

Cases Cited:

Nil

Counsel:

Applicants in person by spokesman J Dela

RULING

23^rd August 2023

1. DOWA J: This is a ruling on an application for adoption of two children made by the Applicants under the Adoption of Children Act Chapter 275.

2. The applicants are James Vuvu and Cathy Saki Vuvu. The children to be adopted are Sante Lima Jubilee, a male child, aged 12 years and Tianna Rose Jubilee, female child, aged 9 years.

3. The natural parents of the children are Cathy Saki (mother) of Lae, Morobe Province and Ephraim Jubilee (father) of Rabaul, East New Britain Province.

4. The Applicants apply under section 2 of the Adoption of Children Act Chapter 275 and Order 20 Rules 4-13 of the National Court Rules.

5. The Applicants rely on the following documents:

1. Originating Summons filed 31^st January 2023.

b) Affidavit of James Vuvu filed 31^st January 2023.

c) Affidavit of Jubilee Dulau filed 3^rd August 2023.

d) Affidavit of Fenebe Ibusubu filed 12^th July 2023

e) Affidavit of Rev. Xavier James Palattao filed 12^th July 2023

f) Consent of natural parents

6. It is worth noting that an application for customary adoption was made before the Madang District Court, which was granted, and a Certificate of Customary Adoption was issued on 5^th January 2023. Despite that, the applicants proceeded to the current application for an order that will be of greater recognition and application.

ISSUE

7. The issues for consideration are:

1. Whether the Applicants met the procedural requirements under the Adoption of Children Act Chapter 275 and the National Court Rules.
2. Whether the Applicants are suitable and qualified to adopt the children.

100. Whether adoption orders be granted in favour of the Applicants.
     

PROCEDURAL REQUIREMENTS:

8. Section 2 of Adoption of Children Act Chapter 275 provides that a National Court has jurisdiction to hear and determine applications for adoption of children in Papua New Guinea. Section 3 of the Act provides circumstances when the Court can exercise jurisdiction to grant adoption orders. Sections 4-8 of the Act provides rules and considerations that may be applied when considering an application for adoption. Section 9 of the Act provides that the Court must be satisfied as to certain matters before adoption orders are made.

9. The procedural requirements for adoption are set out in sections 3 and 6 of the Act. Section 3 provides:

“(1) The Court shall not make an order for the adoption of a child unless at the time of the filing in the Court of the application for the order–

(a) the applicant, or (in the case of joint applicants) each of the applicants, was resident or domiciled in the country; and

(b) the child was present in the country.

(2) For the purposes of Subsection (1), where the Court is satisfied–

(a) that an applicant was resident or domiciled in the country; or

(b) that the child was present in the country,

within 21 days before the date on which an application was filed in the Court, the Court may, in the absence of evidence to the contrary, presume that the applicant was resident or domiciled in the country, or that the child was present in the country, as the case may be, at the time of the filing in the Court of the application.”

10. Section 6 provides:

“Subject to this Act, the Court may, on application, make an order for the adoption of a person who–

(a) had not attained the age of 21 years before the date on which the application was filed in the Court; or

(b) has been brought up, maintained and educated by the applicant or applicants, or by the applicant and a deceased spouse of the applicant, as his or their child.

(2) The Court shall not make an order for the adoption of a person who is, or has been, married.

(3) An order may be made under this Act for the adoption of a child notwithstanding that the child has previously been adopted, whether before or after the commencement date, and whether in the country or elsewhere.
11. Section 9 of the Act provides for the necessity of the Director of Child Welfare in providing a report disclosing the following matters:

1. the applicants are of good repute and are fit and proper persons to fulfil the responsibilities of a child.
2. the applicants are suitable persons having regard to age, state of health, education, and religious up bringing.

100. wishes of the biological parents, and

4. welfare and interest of the child.
   

12. Section 15 provides for consent of natural parents, and it reads:

“Subject to this Division, the Court shall not make an order for the adoption of a child unless–

(a) a consent (not being a consent that has been revoked in accordance with this Act) to the adoption has been given by the appropriate person ascertained in accordance with this section; or

(b) the Court is satisfied that there is no such appropriate person.

(2) For the purposes of this section, the appropriate persons are–

(a) in the case of a legitimate child who has not previously been adopted–persons who are parents and the guardians of the child; and

(b) in the case of an illegitimate child who has not previously been adopted–the mother and the guardians of the child; and

(c) in the case of a child who has previously been adopted–the adoptive parents and the guardians of the child.

(3) The consent of a person under this section is not required if that person is the applicant, or one of the applicants, for the adoption order.”

13. I am satisfied, that the applicants have met the requirements of sections 3-9, and 15 of the Act in that:

1. the applicants, James Vuvu and Cathy Saki Vuvu are both resident and domiciled in Papua New Guinea.
2. the children are domiciled in Papua New Guinea.

100. the children are 9 and 12 years old respectively and have not attained the age of 21 years.

4. the applicants are adults over the age of 21 years old.
5. notice of the application for adoption has been given more than 14 days.
6. Consent of the natural parents have been given and filed, who have freely given their consent.
7. a brief home report has been prepared by the Acting Assistant Director of Child Welfare
   

14. The applicants filed two brief home reports. The first is provided by Fenebe Ibusubu. He is the Welfare Officer in the employ of Ramu Agro Industries, the employer of the applicant, James Vuvu. The second report is provided by Jubilee Dulau. Mrs. Dulau is the Acting Assistant Director of the Child and Welfare Office, Madang Province. These reports are produced pursuant to section 9 of the Adoption of Children Act. The reports though brief is sufficient and contains particulars of the children, the adopting parents and other information as required by law. I am satisfied that there is substantial compliance of the procedural requirements of the Act.

Whether the Applicants are suitable and qualified to adopt the children.

15. I have considered the home reports and the evidence provided by the Applicants in their respective affidavits. The applicant, James Vuvu, is 40 years old. He works for Ramu Agro Industries Ltd as Sustainability Officer. He is a natural citizen of Papua New Guinea. He is married to Cathy Saki Vuvu, the co-Applicant. The couple have been married for more than a year now.
    

16. The Applicant, Cathy Saki Vuvu, comes from Lae, Morobe Province. She is a PNG Citizen and is about 38 years old.

17. The children, Sante Lima and Tianna Rose, are born to Cathy Saki and Ephraim Jubilee. Cathy Saki Vuvu is the children’s natural or biological mother. The children have been with the natural mother since birth. Clearly the adoption is from within the family except for the adopting father.

18. The family members have agreed for the applicants to adopt the children for an up bringing that is better and superior to that of the natural parents especially where they are not living together. Both applicants especially James Vuvu has deposed that since the family have decided to adopt the children, they have since, raised the children as their own. They have plans for a better education and good health. The adopting parents have proved their worthiness over the last 15 months. They have bonded well especially with the adopting father who regards the children as his own. The adopting parents are of the Christian faith as members of the Lutheran Church and have the necessary discipline for spiritual growth. They have made provision for better accommodation, clothing, food, education, and medical expenses. The adopting parents have a stable home and income to provide for the children. The children have excess to Ramu International School, which is about 5 minutes’ walk from their home.

19. The application was filed on 31st January 2023, more than seven (7) months ago. There is no objection by anyone, especially by the natural father. Both natural parents especially Ephraim Jubilee, the biological father, have signed the necessary consent forms, agreeing to the adoption by the adopting parents. There is no contrary evidence or circumstances showing that the applicants are not of good repute and fit and proper persons to adopt the children. There is a character reference from Rev. Xavier James Palattao of the Memorial Lutheran Church attesting to the good morals and spiritual values manifest in the lives of the adopting parents. There is no evidence or circumstance showing that the interest and welfare of the children is compromised. On the contrary, apart from the home report, there are also character reports which confirms the suitability of the adopting parents.

20. What is of paramount consideration is the welfare and happiness of the children. The children must have a home and a family. They must have an identity and a sense of belonging. Their daily needs must be provided for. They must have love, affection, and protection. This is what the adopting parents plan to offer. The adopting mother is the biological mother of the children. Naturally, there should be love and care in the family. In my view there will not be any drastic cultural change that will affect the upbringing of the children. In my view, the adopting parents are suitable, fit, and proper persons to adopt the children and it is in the interest of the children for the orders to be granted.

21. For the reasons given, I will grant the order for adoption of the children by the Applicants in the proceedings.

ORDERS

22. The Court orders that:

1. The application for adoption is granted in terms of the Originating Summons filed 31st January 2023.
2. The Applicants shall file a minute of the Adoption Orders in accordance with Form 104 under Order 20 Rule 13 of the National Court Rules forthwith.
   
3. The applicants shall serve copies of the orders and supporting documents on the Director of Child Welfare and the natural parents within 30 days from date of these orders.
   
4. The Applicants shall file an affidavit of service within seven (7) days after service of these orders.
   
5. No order as to cost.
   
6. Time be abridged.
   

Applicants in person represented by spokesman, J Dela