Forced Adoption – What Are My Rights?

FORCED ADOPTION – WHAT ARE MY RIGHTS?

If you have been impacted by forced adoption practices, you may be entitled to bring a common law claim and sue the relevant institution for compensation.

In 2021, the Parliamentary Inquiry into Historical Forced Adoption in Victoria uncovered that thousands of women who gave birth between 1958 to 1984 suffered trauma as a result of forced adoption practices by hospitals and other organisations. Women were often sent to institutions which were run by religious and other bodies. Sadly, many of those women were subjected to abuse as well as cruel and degrading treatment, including being restrained (either by medication, physical force or violence), being separated immediately from their newborn baby, and being coerced into signing consent forms for the adoption of their baby, against their wishes.

At Fortitude Legal, we have a team of local personal injury lawyers who can handle your matter sensitively and with respect.

What compensation can I claim?

You may be eligible to claim the following types of compensation for your psychological injuries:

• Pain and suffering;
• Past loss of earnings and future loss of earning capacity (including superannuation);
• Past and future medical treatment;
• Past and future gratuitous care (for example care provided by family or friends);
• Aggravated or exemplary damages, punishing the individual perpetrator or the institution who failed to protect you.

You may also seek a personal response or an apology from the responsible institution.

Is there a redress scheme?

The Victorian Government has announced $4,000,000 of funding to design a redress scheme for mothers impacted by forced adoption. The Government has indicated that the scheme will provide compensation, counselling support and the option of integrated birth certificates, listing both the biological and adoptive parents.

What is the Forced Adoption Exceptional Circumstances Fund?

An interim Forced Adoption Exceptional Circumstances Fund has been created by the Government, while they design the redress scheme. The fund enables women who were affected by forced adoption in Victoria before 1985 to access a discretionary payment of up to $10,000, if they are currently experiencing terminal illness or ‘exceptional circumstances.’

What support services are available?

If you have impacted by forced adoption practices, you can contact the following organisations for psychological support:

• Relationships Australia: 1800 210 313
• National Sexual Assault and Domestic Violence Helpline: Phone: 1800 RESPECT (1800 737 732)
• Bravehearts Victoria: Phone: 1800 272 831
• Lifeline: Phone: 13 11 14
• Beyond Blue: Phone: 1300 22 4636
• Victoria Police – Sexual Offences and Child Abuse Investigation Team (SOCIT): Ballarat phone: 4372 9095
• Ballarat Centre Against Sexual Assault (CASA): Phone (business hours): 03 5320 3933 Phone (after hours): 1800 806 292 
• Bendigo Centre Against Sexual Assault (CASA): 5441 0430
• The Sexual Assault & Family Violence Centre Geelong: Phone: 5222 4318

Please call our friendly team of expert personal injury lawyers to have a free and confidential chat about your potential entitlements.

Katalin Blond

Managing Director, Fortitude Legal