Forced Adoption

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, our Managing Director and Personal Injury Specialist, Katalin Blond, and her team will 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?

In March 2022 the Victorian Government announced $4,000,000 of funding to design a redress scheme for mothers impacted by forced adoption. The Government indicated that the scheme will provide compensation, counselling support and the option of integrated birth certificates, listing both the biological and adoptive parents.

On 26 October 2023, the Victorian Government announced a payment of $30,000 to birth mothers affected by forced adoption practices, together with other supports. Whilst full details of the scheme are yet to be provided, the Government has indicated that application for the Scheme will open on 1 February 2024.

At Fortitude Legal we provide a free no obligation initial appointment to those directly impacted by Historical Forced Adoption Practices. We will register your interest in applying for compensation and provide advise on any other potential rights you may have.

What support services are available?

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

ARMS: Phone: 0400 701 621
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
Vanish: Phone: 1300 826 474

Keep records

Cases are only as strong as the evidence that can be produced to support them. Although our Team are experts in obtaining evidence and preparing cases, it is crucial that you take steps to preserve evidence yourself early on.

If safe to do so you should:

take photographs of the hazard and the surrounding area
note details of any witnesses or surrounding CCTV cameras
keep copies of any relevant documents (such as receipts, invoices) or any physical evidence.

In some situations, such as a case involving a road or road-related area, you may be required to formally report the incident with the responsible body.

Contact Fortitude Legal

Let us Ease the Burden

Investigate, Obtain and Preserve Evidence

At Fortitude Legal we do not hesitate. After taking detailed instructions from you, we will work out what additional evidence may be required and seek to preserve this evidence before it is destroyed, or in the case of witnesses, before their recollection fades.

We will also commence obtaining your medical records and reports as well as your pay and tax records. We will then formulate a strategy personalised to your claim and will decide upon any expert witnesses that may be required (ranging from medico-legal experts to engineers and safety experts).

It may also be necessary for us to perform a site visit where you were injured for the purpose of taking photographs and notes.

Receive compensation or commence court proceedings

At Fortitude Legal we pride ourselves on expertly and thoroughly preparing and presenting your claim to the other side, as we want to give you the best opportunity to resolve your claim without needing to resort to Court proceedings.

As a result, due to our skill and expertise a significant number of Public Liability claims can be satisfactorily resolved without proceeding to Court. However, each claim is unique and sometimes there are issues with the evidence which means the claim may need to be tested in Court.

We will provide you with honest, clear legal advice about the merits of proceeding to Court and the risks involved so you can make an informed decision.