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Adoption of Muriel, Re [2023] SBHC 59; HCSI-CC 532 of 2020 (27 January 2023)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 532 of 2020

BETWEEN

FRANCES MURIEL
Child

AND

CHARLYN FLORA TOME
Child

AND:

DANIEL BESA’A
Husband-Applicant

AND:

SUSAN ELIZABETH MACKIE
Wife-Applicant

Date of Hearing: 5 January 2023 (Written Submission)
Date of Decision: 27 January 2023

Ms Kohata for the Joint applicants

RECOGNITION OF CUSTOMARY ADOPTION

1. Joint applicants are Daniel Besa’a and Susan Elizabeth Mackie. Daniel Besa’a is a native of Guadalcanal. Elizabeth Mackie, is a British national. Joint applicants are residing at White River, West Honiara. Joint applicants are the owners of a local company called “Solo Enviro Beautification”. Joint applicants have been married for 27 years, without the joy of having children. Someone once said – “Without my kids, my house would be clean, my wallet would be full, but my love would be empty”.
2. Joint applicants in their desire to raise their own children, to fill the vacuum, took Frances Muriel (Muriel) and Charlyn Flora Tome (Tome), into their care and possession, at a very early age. Both girls are now adults (in 2023). Both girls are very close blood relatives of the husband applicant, from Guadalcanal. Joint applicants took Muriel in as their daughter in year 2003. Muriel was born on 25/09/2003. Joint applicants took Tome in as their daughter in year 2003. Tome was born on 26 /10/ 1999.
3. Tome is 24 years old this year and Muriel is 20 years. By law Muriel and Tome are no longer referred to as “child”, having passed 18 years. This is a customary adoption. Joint applicants have duly dispensed with the customary accepted practices for adoption since taking the girls into their care and possession. For instance, taking the girls in at an early age allows for their parents to understand and appreciate the practical effect of adoption once sanctioned in Court. It also allows for bonding, love and affection to take root between the children (girls) and the joint applicants.
4. The main issue is for the Court to recognise the customary adoption that joint applicants made with the parents of the girls (whom are now adults).
5. Joint applicants have raised Muriel and Tome to adulthood. I have no hesitation to call Muriel and Tome the daughters of the joint applicants in custom. Joint applicants want to have the custom adoption accorded the legal lens. Counsel submitted that this Court recognised the joint applicants’ custom adoption of Muriel and Tome. Since the girls are now adults, normal legal adoption considerations for children do not weigh heavily. What weighs heavily is for the Court to endorse the customary adoption that now has borne fruits through the joint applicants’ successful upbringing of the girls to adulthood.
6. Custom is part of the laws of Solomon Islands, provided that the custom does not infringe on Statute and or the Constitution – Schedule 3 (3) of the Constitution. I am satisfied on the materials about the customary arranged adoption. I do not have a reason to suspect that this customary adoption may violate against Statute or the Constitution. Customary adoption is permissible under Section 28 of the Adoption Act (2004) (No 4 of 2004). Section 28 relevantly states: -
   • “For the avoidance of doubt, it is hereby declared that the provisions of this Act, shall not in any way affect any adoption made in accordance with any prevailing custom in Solomon Islands, prior to or after the commencement of this Act”.
7. Court grant orders to recognise the joint applicants’ custom adoption of Muriel and Tome. Court pronounce that Muriel and Tome are the daughters of Mr Daniel Besa’a and Mrs. Susan Elizabeth Mackie, the joint applicants. Order accordingly.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE