Appeal Court dismisses adoption of Tongan child by American couple [1]
Saturday, April 27, 2013 - 20:43. Updated on Monday, September 9, 2013 - 18:40.
An appeal by an American couple who were not granted the adoption of a six-year Tongan boy last year but were granted the adoption of his one-year-old half sister was dismissed by Tonga's Appeal Court on April 17.
The female child is now living in the United States, while the boy remains in Tonga with the natural mother and grandmother.
The Appeal Court in their judgement said Omar Francisco Saveedra and Michelle Saavedra appealed against a decision by the Chief Justice Hon. Michael Scott who refused to make an adoption order regarding the boy. He on the other hand, granted the adoption of the girl after accepting that the mother was not able to support both children.
The Court was told the American couple aged 29 and 31 years were entirely suitable adoptive parents who had no children of their own. They live in Utah and had approached the mother in Tonga indicating their wish to adopt the female child. The mother subsequently gave her consent to the adoption of the male child.
"When the matter was heard in the Supreme Court the position regarding the male child was not as clear as it became at the hearing before us, the position then was that the natural mother (24) was consenting to the adoption of both children which was supported by the Guardian Ad Litem (Solicitor General)," stated the Court.
The natural mother said she was single, unemployed and unable to undertake the upbringing of the two children and it was a very huge burden to maintain them.
Refusal
The Chief Justice was not prepared to accept that the male child could not be looked after perfectly within the natural mother's extended family as he had lived the first five years of his life with his grandmother and was still attached to his mother and did not want to go on an airplane with the female applicant.
"The Chief Justice, rightly in our view, considered the fact that the applicants are non-Tongans and the child would be taken to an environment quite different from what he has known all his life, was relevant."
The Court said the judge accepted the applicants were in a position to offer a better standard of living, upbringing and education but said that a material wellbeing is only one of a number of important considerations which must be taken into account before deciding whether the child's best interests lie. He concluded that the proposed adoption was not in the best interests of the boy.
In the case of the younger female child, however, he made an adoption order accepting the natural mother was not able to look after both children that would impose an unfair and unacceptable burden on her extended family. No challenge is made to the decision. The younger child has since been taken to the United States, said the Court.
A direction was given that the natural mother should remain as the sole guardian of the male child who was to be returned to her care. A further report from the guardian ad litem and affidavits from the natural mother who now withdraws her consent to the adoption.
"The boy is being cared for well as the grandmother shows genuine care and love towards him. The child has told the guardian ad litem's representative that he does not want to go and live with the applicants and is happy with his grandmother whom he loves. The guardian ad litem now recommends that the child remain with his natural mother."
In these circumstances where the child is being cared for in a suitable manner by his family in Tonga the appeal is dismissed, the court ruled.