A Tongan couple residing in New Zealand have legally adopted a baby girl who was abandoned in a bush area in Nuku'alofa, where she was found wrapped in plastic on July 22.

Lord Chief Justice Paulsen in a ruling on Friday, October 21 granted the Letters of Adoption to the couple, one of four who applied for the adoption of the newborn, who became known as "Baby X". Their names were suppressed by the court.

The identity of the baby's mother is unknown and after three-months no one has come forward to claim her.

The newborn was placed under the guardianship of the Court and the Solicitor General was appointed Guardian ad Litem.

Little Baby X has been cared for in the Paediatric Ward at Vaiola Hospital, under the direction of Dr Siaosi ‘Aho.

Suitable parents

The Lord Chief Justice said the Solicitor General provided him thorough reports in all four applications. On October 13, he heard the applications and all applicants attended. 

He granted this couple the adoption because he considered their application is in her best interests.

“They are genuine and would make suitable parents for Baby X."

The Lord Chief Justice said he had to choose between the suitable applicants, and was reminded that his duty was to decide which placement would best advance the paramount goal of serving the interest of Baby X now and in the future.

"The approach taken to assessing the four applications against what is in the best interest of Baby X required considering factors of background, age, health, character, family circumstances of the applicants, stability, marriage relationship, experience with children, financial circumstances, ability to raise her and acceptance of the particular risks associated with taking her, future plans as to her education, religion, fostering her heritage, culture and language," he said.

He was very much impressed with this couple whom he described as well educated, mature and caring individuals in a stable and committed relationship. "They demonstrated their primary concern in making their application is the well being of the baby," he said. "In addition, they are employed and financially secure and well able to afford raising the baby girl."

"This is a case where it is most appropriate to give approval to an inter-country adoption, notwithstanding the availability of satisfactory care arrangements in Tonga," he said.

Since the baby was found he Attorney General’s Office has been responsible for supporting her needs.

"She appears to be healthy, alert and happy and was under excellent care at Vaiola hospital and the staff there should be commended for that."

Adoption

Lord Chief Justice Paulsen said Section 15(1) of the Maintenance of Illegitimate Children Act provides that only an illegitimate child may be adopted by another person.

Children born in wedlock cannot be adopted. He noted that the Act does not seem to contemplate circumstances where there is a complete absence of the information as to a child’s background and no means of obtaining it. 

"Baby X was either born in wedlock or she was not and the law does not presume one circumstance or the other," he said.

The Chief Justice said that  common sense and experience reveal that the act of abandoning a newborn baby is the product of desperation. "Most of this shall be a result of poverty, lack of familial or societal support or teenage pregnancy, all of which are inherently more probable where a child is born out of wedlock."

"I am satisfied to the required standard that Baby X is an illegitimate child," he stated.