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Content Warning: The following information discusses forced adoption practices, which may be distressing or trigger strong emotional reactions for some individuals. If you have been personally affected by forced adoption, please seek support if needed.
If you have been affected by Forced Adoption practices and past forced adoption policies, please get in touch with our team of lawyers.
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Our trauma-informed team provides expert legal support in forced adoption matters, ensuring your rights are protected at every step.
We have a strong history of achieving positive outcomes in forced adoption and abuse cases.
We believe financial concerns should never be a barrier to justice. If we don’t win your case, you won’t need to pay legal fees.
Contact our team today if you need support with your forced adoption matter, anywhere in Australia. We will carefully review your situation to determine if you have grounds for legal action or need support with your forced adoption matter.
If you’ve been affected by forced adoption practices or former adoption policies, you may be entitled to compensation. Many individuals, including young mothers, unwed mothers, forcefully adopted children, fathers of adopted children, and adoptive parents, have been impacted by past adoption procedures, including closed adoption practices. The emotional and financial toll of navigating these issues can be overwhelming, especially when dealing with the trauma of forced separation or loss.
If you’re seeking compensation through Redress or common law compensation, or support related to forced adoption, please contact us to speak to us about your options obligation-free. You may be eligible to access compensation beyond the Redress Scheme for your pain, suffering and loss of enjoyment of life. Our team can help you understand your eligibility, guide you through the process, and determine the best course of action for your matter.
If you gave birth to a child in Victoria or were a Victorian resident who gave birth elsewhere and were forcibly separated from your child between the 1950s and 1990, you may be eligible for a redress payment or alternative compensation avenues. We can also assist with claims across Australia, so please get in touch with our team for support and claims in other states and territories.
Biological fathers: Fathers of children who were forcefully adopted can also access compensation.
To qualify for the scheme, applicants must have experienced emotional distress due to forced separation from their children or the adoption process. There is no need to prove fault, as the scheme recognises the harm caused by forced adoption practices. However, you may be required to provide supporting documents, such as adoption records or related information, if available.
If you meet these criteria, you may be eligible for Redress, including counselling, compensation, or access to adoption records. You won’t need to sign a waiver to accept the redress offer, and your legal rights to pursue other options will remain unaffected.
If you have been affected by forced adoption practices in Victoria, you may be eligible for the Forced Adoption Redress Scheme or other state compensation options. There are national support schemes running too, and we can help you make a claim if you’ve lived through this experience anywhere in Australia. The support available can help cover both emotional and financial costs stemming from the trauma of forced separation.
Possible compensation and support include:
Legal professionals can assess your eligibility for the National Redress Scheme or state-specific redress programs across Australia based on your unique circumstances.
Assistance in obtaining adoption records or related documents from agencies or government archives to support your redress or common law compensation claim.
Our legal team can guide you through the application process, ensuring that all necessary documentation is submitted correctly to maximise your chances of receiving compensation.
Assistance to pursue common law compensation for emotional and psychological trauma resulting from forced adoption, including counselling costs and pain and suffering.
Representation regarding disputes related to forced adoption claims, including issues with adoption agencies or government bodies.
Advice on pursuing further claims for compensation under common law, seeking legal recognition of your experiences or addressing the ongoing harm caused by forced adoption.
Forced adoption practices occurred in Australia from the 1930s to the 1980s, where authorities failed to gain free and informed consent from mothers prior to removing their newborns.
These practices were shaped by societal attitudes and patriarchal systems of the time.
The trauma of forced adoption persists despite resilience, and it’s essential to support those impacted and ensure harmful practices are never repeated.
The Department of Communities is committed to healing past hurts and supporting those impacted by forced adoption.
Forced adoption in Australia involved taking babies from unmarried mothers against their will and placing them for adoption.
The Australian Government delivered a formal apology to people affected by forced adoption practices in the Great Hall at Parliament House, Canberra, on 21 March 2013.
The National Apology acknowledges the experiences of those affected by forced adoption, which created a lifelong legacy of pain and suffering.
The Australian Government committed $11.5 million to help those affected by forced adoptions over 4 years to 30 June 2017.
Funding of $5 million improved access to specialist support services, including counselling and record tracing for those affected by forced adoption.
The Western Australian Government apologized to people affected by forced adoption or removal policies and practices on October 19, 2010.
The Australian Senate Inquiry Report into Forced Adoption Practices (2012) found that babies were taken illegally by various individuals and authorities, and adopted to married couples.
The Parliamentary Inquiry into Past Forced Adoptive Policies and Practices in Western Australia provided an opportunity for people with lived experience of forced adoption to share their personal experiences and provide their voices and perspectives on future reforms.
The Committee released the final report, ‘Broken Bonds, Fractured Lives: Report on the Inquiry into Past Forced Adoption in Western Australia’, on August 22, 2024.
The WA parliamentary inquiry recommends a financial redress scheme for mothers, adopted people, and some fathers affected by forced adoption.
The National Apology acknowledged the harm caused by forced adoptions.
Women’s activism played a crucial role in gaining national recognition for the issue of forced adoptions.
Advocacy groups and individual advocates have worked tirelessly to seek justice for those affected by forced adoption.
A forced adoption support service is essential to provide psychological support and assistance to those affected.
The inquiry received over 200 submissions and held 38 in-person hearings from mothers, adoptees, government services, and private institutions.
The report states that unethical, improper, and potentially unlawful practices were systemic within the Child Welfare Department and Department for Community Welfare.
Forced adoption was practised by staff in public hospitals and non-government institutions.
The process of obtaining consent was coercive, deceptive, flawed, and unlawful.
The report recommends phasing out contact vetoes, which ban contact between some biological family members.
Counselling services would be provided to help people affected by the vetoes.
Adoption lobby groups have been fighting for an end to the vetoes, arguing they are “cruel” and “outdated”.
The committee also recommends advising people who don’t currently know they were adopted under the forced adoption era.
Michelle Davies, who was campaigning for justice until her death earlier this year, said “you never get over it” referring to her baby son being removed after birth.
The inquiry’s recommendations have come too late for some survivors of the forced adoption era.
Adopted people were removed from their mothers and denied their birthright to remain with their families.
The legacy of forced adoption continues to affect many families today.
It’s essential to acknowledge the harm caused by forced adoption and provide support services to those affected.
The Australian Government’s apology and initiatives are a step towards healing and recognition.
The Western Australian Government’s apology and initiatives are also a step towards healing and recognition.
It’s essential to learn from the past and ensure that harmful practices are never repeated.
The Australian Government and state governments must continue to provide support services and initiatives to those affected by forced adoption.
Advocacy groups and individual advocates must continue to work tirelessly to seek justice for those affected.
A national apology and redress scheme are essential to provide justice and recognition to those affected by forced adoption.
We understand the emotional toll of forced adoption, and our dedicated team is here to help you seek justice and compensation. More than legal experts, we’re passionate advocates committed to supporting those affected by forced adoption practices.
The redress process can be overwhelming, but we’re here to guide you every step of the way. Whether your adoption occurred years ago or you’re just starting, you can trust National Compensation Lawyers for expert advice and compassionate support.
If you were a mother or father forced to give up your child, or if you are someone who was taken from your parents under these circumstances, our specialist abuse law team is here to offer the legal guidance and support you need to seek justice and compensation.
Managing the claims process for forced adoption can feel overwhelming. Our experienced legal team is here to guide you through it – we’ll be by your side and ensure your voice is heard.
Get a free assessment to determine your eligibility for forced adoption redress and compensation.
Our team will work with you to develop a tailored legal strategy, ensuring the best outcome for your claim.
We’ll advocate for your rights and fight for the compensation and support you are entitled to.
Complete our form below to book a free consultation with one of our dedicated Melbourne forced adoption lawyers.
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Forced adoptions and family separations, predominantly occurring primarily between the 1950s and 1980s, refer to the practices where many unmarried women and their partners were unjustly separated from their children, often without consent or through illegal means. All parties affected by forced adoption may be eligible to apply for compensation, including:
Each State and Territory has implemented a Redress Scheme. Beyond this, there is scope to bring your claim in the common law jurisdiction and bring a claim for your pain and suffering and past and future economic losses. Please talk to our team about the best pathway for your individual needs.
The trauma experienced by survivors of forced adoption can have long-term effects, such as:
Difficulty forming healthy relationships
Mental health issues, including PTSD, depression, anxiety, and suicidal thoughts
Decline in physical health
Mothers who experienced forced adoption endured significant trauma, including:
Being sent to maternity homes under harsh conditions
Being physically restrained during childbirth
Immediate separation from their newborns
Coercion or pressure to sign adoption consent forms—sometimes under duress or while under the influence of medication that impaired their ability to provide informed consent
Cruel treatment by staff
Receiving substandard medical care
Enduring lasting trauma from the birthing experience
Lack of information about their legal rights or protection under the law
Please be aware that there are avenues to seek compensation through Redress and common law across Australia that our team can help you with, aside from the Victorian Redress Scheme. The Historical Forced Adoption Redress Scheme is a Victorian Government initiative to address the harm caused by past forced adoptions. It provides a one-off payment of $30,000, along with support services for those affected. The scheme acknowledges the trauma experienced by birth mothers, adopted children, and adoptive families.
The scheme offers financial compensation, psychological counselling, formal apologies, and ongoing resources. The Exceptional Circumstances Fund (ECF), which provided additional support, concluded in 2023.
Yes, you can still claim under the Historical Forced Adoption Redress Scheme even if you have accessed the Exceptional Circumstances Fund (ECF). The ECF provided additional support to those who were eligible, but the redress scheme is a separate process offering compensation and support to those impacted by forced adoption practices.
Yes, in many cases this is possible, but the process for claiming may look different. The Historical Forced Adoption Redress Scheme provides a one-off compensation payment and support services, acknowledging the harm caused by forced adoption practices. It does not require proving fault or legal negligence and is designed as a simplified form of redress for those affected.
On the other hand, a Common Law claim would require proving fault, such as negligence or breach of duty, and could be pursued for additional compensation. However, the path for a Common Law claim related to forced adoption is more complex and may involve legal challenges, including litigation. If you are considering both options, it’s best to seek legal advice to determine which route is more suitable for your situation.
The emotional toll of forced adoption remains significant, with lasting impacts such as PTSD, grief, and identity struggles. Mothers, adoptees, and families often experience lifelong PTSD, ongoing trauma, loss of connection, and an impaired ability to form connections. Economic losses, anxiety, suicidal thoughts and relationship issues are also frequently experienced by people affected by forced adoption practices.
Mothers impacted by forced adoption endured severe trauma, including being sent to maternity homes under harsh conditions, often restrained during childbirth, and immediately separated from their newborns. Many were coerced or pressured into signing adoption consent forms, sometimes under duress or while medicated, impairing their ability to consent.
They also faced cruel treatment from staff, substandard medical care, and long-lasting emotional trauma from the experience. Additionally, many mothers were not informed of their legal rights or protections under the law during this time.
The Australian government has taken steps to address forced adoption practices by issuing a national apology and conducting a parliamentary inquiry. The final report of the Senate inquiry acknowledged the harm caused and recommended adoption support services, including counselling services for adopted people and mothers. These measures aim to acknowledge the injustice and provide support for those impacted by past removal policies and forced adoptions.
No, there was no Royal Commission specifically focused on forced adoption practices. However, the issue was thoroughly examined by a Senate inquiry and a parliamentary inquiry, which brought attention to the harm caused by forced adoptions in Australia. These inquiries led to the national apology, the creation of the Historical Forced Adoption Redress Scheme, and the provision of adoption support services.
Yes, there are several forced adoption support services in Australia designed to assist those affected by past forced adoption practices. These services offer counselling, emotional support, and guidance for adopted people, birth mothers, and adoptive families. They help individuals navigate the trauma and provide resources for healing. Additionally, the Historical Forced Adoption Redress Scheme provides financial support and access to these services.
The term “Forgotten Australians” refers to individuals who grew up in institutional care in Australia, particularly from the 1930s to the 1970s. These were children who were placed in orphanages, children’s homes, or foster care due to poverty, neglect, or abandonment.
Many were subjected to abuse, neglect, and mistreatment while in care. The Senate inquiry into institutional care highlighted their experiences, leading to an official apology from the Australian government and a commitment to support them through various services.