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Re Fanua [2024] NZFC 4673

Published 17 December 2024

Adoption — adoption order — biological origins — Tongan culture — Va’aifetu — Nofo ‘a Kainga — welfare and interest of the child. The applicants applied for an adoption order. One of the applicants was a cousin of the child's biological mother. The biological father was not the child's guardian as he was not in the child's life and had expressed no interest in acknowledging the child. His consent was not required for the adoption application. Oranga Tamariki's submission accepted that the applicants were fit and proper people. However a social worker's report expressed concern that the adoption did not align with the child's welfare and interest as she was not aware of her biological origins. The Court did not agree with this view because of Va’aifetu and Nofo ‘a Kainga, the Tongan cultural practice and concept which meant living within the family. The child would live within her own cultural context. The Court noted that the adoption would not be a secret and it was up to the applicants to tell the child when the time was right. The child would be integrated within the household, and the applicants were the only parents the child had ever known. The application was granted and a final adoption order was made. Judgment Date: 16 April 2024. * * * Note: names have been changed to comply with legal requirements. * * *