Forced Adoption Compensation
If you were separated at birth through forced adoptions between 1950 and 1980, you may be eligible for compensation under a new redress scheme.
Background
For more than a year, Shine Lawyers has been lobbying for the removal of the statute of limitations for mothers whose newborn children were forcefully taken from them by the State between the 1950s and 1980s.
Unwed mothers were made to feel like they weren’t fit to be parents, and it was their fault this was happening to them. It has taken decades for many to find the courage to seek legal advice only to be told it's too late to sue.
The Victorian government has now responded to the?new recommendations by the Forced Adoption Inquiry?supporting ‘in principle’ the majority of the 56 recommendations. These recommendations included the removal of the significant injury threshold, statute of limitations, and the creation of redress for mothers and children affected.
The Victorian government will commit 4 million dollars to the creation of the redress scheme with $500,000 going towards discretionary payments for mothers with exceptional circumstances, such as those who are terminally ill.
Both the Queensland and Western Australia governments are currently considering applying a similar redress scheme. Shine Lawyers are continuing to lobby for this change to be made.
Many of these mothers suffered through being:
sent to maternity homes with harsh conditions;
forcibly restrained while giving birth;
immediately separated from their newborn babies;
coerced or pressured to sign adoption consent forms – against their will or under the influence of drugs that impaired their ability to give informed consent;
treated cruelly by staff;
provided with substandard medical care;
left traumatised by the birthing experience;
uninformed and unprotected by their legal rights.
The trauma experienced by survivors of forced adoptions include long-lasting impacts on:
their ability to form relationships
their mental health with many suffering PTSD, depression, anxiety, and suicidal thoughts
their physical health.
Do I have a claim?
If you were impacted by these practices between 1950 and 1980, you may be able to access compensation.
Whether you were an unwed mother or father who was forced to give up your child, or one of the children taken from their parents under these circumstances, our abuse law team is here to provide the legal advice and guidance you need.
What can I claim for?
The compensation you can claim depends on the state the incident occurred in.
A redress scheme is being developed by the Victorian state government for forced adoption survivors. Shine Lawyers is currently lobbying for a similar scheme to be introduced Nationwide.
Although nothing can restore what was taken from you, under the redress scheme you may be able to access:
financial compensation,
counselling support,
a direct personal response from the responsible organisations, such as mothers’ homes, hospitals and adoption agencies,
an updated birth certificate recognising you as the biological mother.
Time limitations to be removed for forced adoption compensation
We are proud that the Shine Lawyers recommendation to remove the statute of limitations for survivors of forced adoptions has been endorsed by the Legal and Social Issues Committee Inquiry into forced adoptions.
This is the culmination of decades of brave and hard-fought work by our clients for recognition of, and restitution for, the harm caused. Shine Lawyers will continue to stand with the mothers and children.
Why trust Shine with my forced adoption compensation claim?
We've been standing up for the rights of everyday Australians for more than 45 years. With specialist training in trauma awareness and close partnerships with counsellors and medical specialists, our experts are equipped to provide you and your family with the holistic care and guidance you need throughout your legal journey.
We are here to listen and provide you with the dignity and respect you deserve. We understand how confronting the legal process can be. We are committed to ensuring our clients have access to the care and support they need at every step of the legal journey.
How can Shine Lawyers help?
Shine Lawyers has been pushing for the reform of laws holding parents and children back from accessing justice for what they experienced through the horrific forced adoption practices.
We are here to listen to you, act on your behalf, and help you access the compensation you deserve. We will strive to make this process as simple as possible while helping you to access outcomes that truly matter to you. If you’d like to talk to our team about your experience, we offer confidential, obligation-free consultations to anyone considering taking legal action. Get in touch to arrange your initial discussion today.
Forced Adoption Support Services
Reliving the traumatic experience you endured may bring up distressing memories. If you are struggling to cope or need to speak with someone to access support, contact the Forced Adoption Support Service in your state or territory on 1800 210 313.
Meet our Forced Adoption compensation experts:
Our dedicated team specialise in providing legal advice and guidance to survivors, and helping them access justice and acknowledgement for what they have suffered. The team includes: