Between the Lines: Pacific Cultural Adoptions in Australia

Abstract

Many Pacific families involved in the adoption process are torn between established Western legal principles and desiring recognition of Pacific ways of being and practices in the Australian system. Balancing Eurocentric legal systems and Pacific customary practice requires consideration of both mechanisms to navigate the best interests of the child. When Western legal frameworks are imposed upon cultural adoptions, without acknowledgement of context, the best interests of the child can be distorted. This In Brief examines Samoan and Tongan adoptions from the points of view of the Samoan and Tongan authors. It does not elaborate on the legal aspects but focuses on Pacific worldviews. Cultural adoption remains a common practice within Pacific families in Australia, reflecting enduring kinship-based caregiving traditions. We aim to provide a ‘snapshot’ of the ‘Pacific Cultural Adoptions Expert Report’ (Fainga‘a-Manu Sione et al. 2024), highlighting the importance of having a Pacific perspective that is conscious of custom and customary law. The report, commissioned by the presiding judge, discusses a case concerning the adoption of a Samoan child to a relative and his Tongan wife in Australia.