Baby gifted to South Pacific island chief under customary law being returned to biological parents
Townsville-based Judge John Coker has sided with the parents after they tearfully professed their “shame” and “regret” over the traditional gifting of the girl five years ago to her uncle and aunt, who later broke up.
According to the judgment, gifting a child is a customary practice in the South Pacific island area and is done to assist child-less kinfolk or invest a successor. The Federal Circuit Court upheld the “best interest” provisions in the Family Law Act in reaching its decision. The breakup of the adoptive couple caused considerable disturbance to the extended family group.
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