Forced Adoption Compensation in Australia: A Step Towards Justice & Healing

Content Warning: Please be aware that this article discusses highly sensitive topics that may be triggering for some readers.

Forced adoption policies in Australia created systemic, deeply troubling practices where countless mothers were separated from their newborns, often under pressure, coercion, or deceit. For decades, the Australian government, religious institutions and hospitals actively supported these separations, driven by a belief that a young or unmarried mother was ‘unfit’ to raise their own children.

Many children were issued false birth certificates and placed with adoptive families, erasing their origins and altering their original identities entirely. In more recent years, many parents and their birth children have been reunited when adopted parents have informed adopted children of their natural history, others through private or organisational searches, and others through the use of DNA testing.

The emotional toll on mothers, adoptees, fathers and both the biological and adoptive families remains vast, with many lingering impacts such as PTSD, loss of connection, and lifelong trauma. In response, recent state and national redress schemes seek to acknowledge the severe effects of their previous policies and offer some form of compensation to individuals affected by these historical practices.

Psychological support and apology processes may also be included as part of compensation for the many mothers affected by forced separation from their babies and children.

The Need For Financial Redress & Compensation: Addressing The Harm Of Forced Adoptions & Concurrent Generational Trauma

From the 1950s through the 1980s, highly damaging historical forced adoption practices became common, perpetuating secrecy and creating lasting divisions within families. Not only did this practice separate mothers and infants, but it also led to fake birth certificates being issued for many children, erasing birth parents’ identities in favour of adoptive families.

For the adopted children, growing up unaware of their true heritage left emotional scars, often manifesting as feelings of loss, betrayal, or disconnection from their origins. The ramifications of forced adoptions extend beyond initial separation. Many mothers and adopted people experience ongoing PTSD, often tied to the feelings of helplessness, grief, and societal stigma associated with these adoptions. For many, the ongoing effects of forced adoption practices contribute to lifelong challenges in forming connections and navigating their identities, making the redress scheme a vital support measure.

What Is The Historical Forced Adoption Redress Compensation Scheme In Victoria?

The Historical Forced Adoption Redress Scheme is an initiative developed by the Victorian Government (and others) in Australia to address the harms inflicted through historically forced adoptions. This program provides some financial support and access to services, and aims to acknowledge the injustices suffered by thousands of Australian mothers and children, through a one-off payment of $30,000 and supportive services.

Beyond financial compensation, the scheme offers psychological counselling, guided apologies, and additional resources for ongoing support. In Victoria, the Exceptional Circumstances Fund (ECF), which ended in 2023, also provided some compensation to those with unique and exceptional needs stemming from forced adoptions. People who have received funding from the ECF are still eligible to apply for Redress and can pursue other legal avenues to be compensated for their experience of forced separation.

Who Can Make a Forced Adoption Compensation Claim in Australia?

Forced adoptions and family separations, 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.

The eligibility criteria for the Historical Forced Adoptions Redress Scheme primarily focus on birth mothers who were forcibly separated from their newborns before 1990. While each state may vary slightly in its requirements, the Victorian scheme includes mothers who either:

• Gave birth in Victoria, or
• Were Victorian residents but gave birth interstate.

In addition, applicants who have previously received funding under the Forced Adoption Exceptional Circumstances Fund may also apply. The scheme recognises the right of mothers to apply without legal representation. Applications on behalf of deceased individuals cannot be accepted.

You won’t need to sign a waiver to accept the redress offer, and your legal rights to pursue other options will remain unaffected.

Forced Adoption – Experiences Of Mothers Affected

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

Long-Term Effects Of Forced Adoption Practices

The trauma experienced by survivors of forced adoption can have long-term effects, such as:

• Difficulty forming healthy relationships and a lack of connection
• Mental health issues, including PTSD, depression, anxiety, and suicidal thoughts
• Decline in physical health
• Economic losses

Compensation for Stolen Australians: Support for the Stolen Generations

In addition to forced adoption redress, Australia has established schemes specifically to support Stolen Generations survivors—Indigenous Australians forcibly removed from their families as children under government policies. These schemes aim to address the profound impacts of family separation, cultural disconnection, and trauma.

In several states, specific Stolen Generations Reparation Schemes provide financial compensation and support services. For instance, New South Wales, South Australia, and Tasmania have implemented reparation schemes that include a one-off financial payment, counselling services, and, in some cases, access to culturally supportive healing programs. The Victorian and federal governments continue to explore Redress pathways through inquiries and state-based services for Indigenous communities.

For those affected, these schemes are part of a broader commitment to healing and reconciliation, acknowledging the historical injustices faced by Indigenous Australians and offering resources to help rebuild connections and access support.

Stolen Generation Compensation Options

We acknowledge the ongoing impacts of Aboriginal and Torres Strait Islander people in healing and recovering from forced adoptions and removal of children from families in the last century. 1997’s ‘Bringing them home‘ report outlined the hardships and intergenerational challenges experienced by many parents and children who were subjected to forcible removal policies.

The Stolen Generation Reparations package recognises the harm caused by the forced removal of Aboriginal children from their families, culture, and Country in Victoria before 31 December 1976. It is designed to provide practical support and acknowledgment for those affected.

Applicants can access trauma-informed counselling to support their well-being.

The package provides one or more of the following:

• Financial compensation in the form of a lump sum payment of $100,000.
• An official apology from the Victorian Government.
• Support for healing programs, including family reunions, reconnection to Country, and language revitalisation.
• The opportunity to share and record your story.
• Access to State records related to your removal.

This package aims to support those affected by these events while recognising their ongoing impact.

Please speak to our specialists about claiming the schemes established by the Victorian government and the possibility of making a common law claim.

Understanding the Emotional and Legal Implications

The Forced Adoption Redress Scheme was established to provide a formal recognition of the emotional and psychological damages suffered by mothers who had their children taken from them. For many, lost time is a core issue, as forced separations deprived mothers and children of precious years they could have spent together, resulting in a fractured sense of family and self. The scheme attempts to address these non-monetary damages by offering counselling services and an apology process designed to promote healing and provide closure where possible.

Victims of forced adoption also commonly report issues like disconnection from family and community and the challenges of reconnecting or searching for lost relatives later in life. This sense of alienation, combined with ongoing PTSD, underscores the significance of having a redress scheme as a starting point for addressing historical damages.

Who Can Make a Forced Adoption Compensation Claim in Australia?

Forced adoptions and family separations, 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.

Our Specialist Lawyers Can Help You Make A Claim

Each State and Territory has established a Historical Forced Adoption Redress Scheme to address the harm caused by previous forced adoption policies and practices. In addition to this, the Stolen Generation Reparation package exists for Indigenous children who were taken from their families prior to 1976.

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.

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.