Who can make a forced adoption compensation claim in Australia?
The terms “forced adoption” and “forced family separation” describe the practices predominantly between the 1950s to 1980s where many pregnant, unwed women and their partners were subjected to unauthorised or illegal separation from their children.
Many mothers who experience forced adoption 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
uninformed and unprotected by their legal rights
Trauma experienced by survivors of forced adoptions can be long-lasting and include:
Impaired ability to form relationships
Mental health conditions including; PTSD, depression, anxiety, and suicidal thoughts
Poor physical health
Whether you were a mother or father who was forced to give up your child, or you are one of the children taken from your parents under these circumstances, our abuse law team is here to provide the legal advice and guidance you need.
Although nothing can restore what was taken from you, a successful claim will often involve:
An acknowledgement or apology for the wrongdoing
An updated birth certificate recognising you as the biological mother
Care and domestic assistance
Financial compensation for:
Medical treatment and related expenses
Loss of income
Pain and suffering
How long will it take?
We are proud that Shine Lawyers recommendation to remove the statute of limitations and the significant injury threshold level for survivors of forced adoptions has been endorsed by the Legal and Social Issues Committee Inquiry into forced adoptions.
Consider that the timing of your claim depends on your situation and the type of claim process that is right for you.
Review your claim with our simple and free online tool.
What we will ask:
Questions to help us understand the incident, what you have experienced and how your life has been impacted. Your answers will help us define the best course of action for your claim.
What happens next:
Either book a no-obligation appointment with an abuse law expert right away or,
Speak with our team about your options
We listen and assess your case confidentially
During an obligation-free initial consultation, we’ll take the time to listen and understand your individual needs. We will fully explain the legal process to you so that you understand your rights and feel in control.
We’ll build your case and keep you informed
Your go-to legal team will work with you to gather all the evidence needed to support your claim. All evidence will be considered so we can assess your options and provide guidance tailored to your specific situation.
We’ll negotiate to settle your claim early
This may involve directly approaching the institution concerned to engage in informal negotiations outside of the court process.
We know you’ve been through enough. Wherever possible we will seek to minimise any stress this process could have for you and resolve your claim in a way that is sensitive to your needs.
If required, go to court
Only a small percentage of cases result in a court hearing. If this happens, we will be by your side; providing support, compassion and skilled legal representation every step of the way.
We will also work closely with your family, primary care providers and/or medical support to reduce any stress or inconvenience from this process wherever possible.
Resolve your case
We will passionately work to deliver the outcomes you deserve; acknowledgement, apology and compensation.
We're here to help
We’re here to make the claims process as simple and stress-free as possible.
Is there an abuse lawyer near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you’d like to speak to our abuse law team in person, you can see our full list of locations here.
If you aren‘t able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same expert advice and manage your claim with the same level of quality and commitment.
Why trust Shine to be my abuse lawyers?
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand.
Our Abuse law experts
Lobbying for change
We are proud to stand up for the rights of everyday Australians by helping them find their voice and shape a better future for our country.
We continue to fight for legislative change in ways that support survivors of abuse to access the acknowledgement, compensation and services they deserve:
Submissions to the Royal Commission into institutional responses to child sex abuse which ultimately led to the Royal Commission:
Taking significant steps to abolish time limitations in abuse cases; and
Implementing the Commonwealth Redress Scheme
Lobbying the Victorian State Government on behalf of survivors of forced adoption to:
Create a redress scheme for mothers and children that included financial compensation, counselling and psychological support;
Make the claims process easier for mothers; and
Removing the statute of limitations