Forced adoption compensation
Shine Lawyers’ trauma-informed and compassionate Abuse Law team can be trusted with your forced adoption claim. Our mental health support team and No Win No Fee* abuse lawyers are ready to help you access justice and right wrong.
Forced adoption definition
What is forced adoption?
Forced adoption in Australia was the forcible separation of mothers and babies, mainly between the 1950s and 1980s. Public policy at the time assumed it was best for pregnant, unwed women to give up their babies for adoption. The mothers often did not consent to their babies’ removal and instead were forced, coerced or pressured into giving their babies up.
Where did forced adoption happen in Australia?
Forced adoption happened in all Australian states and territories and includes any practices relating to:
Forced adoption
Stolen Generations
Closed adoptions (where a new birth certificate replaced the original)
Babies and children placed with unsuitable people
What harm is caused by forced adoption?
Many aspects of forced adoption can cause significant, complex long-lasting trauma and immeasurable pain because of, for example:
Harsh conditions, including substandard medical care, in maternity homes or hospitals
Cruel treatment from staff
Being forcibly restrained while giving birth
Not being allowed to see their babies or know their whereabouts
Coercion, threats or pressure to sign adoption forms without giving consent, while underage or under the influence of medically prescribed, mind-altering drugs
Ongoing complex feelings of grief and anger due to forced adoption being shrouded in secrecy, silence and shame
The long-lasting impacts of forced adoption include:
Psychological trauma including PTSD, anxiety, depression and suicidal ideation
Poor physical health
Impaired ability to form lasting relationships
Who can make a forced adoption compensation claim?
You may be eligible to make a forced adoption compensation claim if you’re:
A mother or father who was forced to give up your child
A child who was forcibly removed from a parent under public policy, without informed consent or in a closed adoption
Time limits to claim forced adoption compensation
Time limits for making a claim for forced adoption compensation varies between Australian states and territories but are generally three years from the date on which your cause of action arose. In practical terms, this can mean three years from the date on which you’re diagnosed with, for example, a psychological injury caused by the trauma of your forced adoption.
How Shine Lawyers’ forced adoption lawyers can help
Shine Lawyers’ forced adoption lawyers are part of our Abuse Law team. Our compassionate, expert abuse lawyers and mental health support team can guide you through the process of your forced adoption compensation claim. Making an abuse claim won’t erase what happened to you, but it may be an opportunity to:
Hold a responsible institution to account
Receive acknowledgement of or an apology for the forcible removal of your baby
Claim compensation for forcible adoption, which may help with the impact it's had on your life
Why choose Shine Lawyers’ forced adoption lawyers?
Large abuse law team
Shine Lawyers’ forced adoption lawyers are experienced and committed to supporting survivors and challenging institutions.
No Win No Fee* abuse lawyers
If you become a Shine Lawyers’ client, our dedicated abuse lawyers will provide expert legal advice, tailored to your situation, on a No Win No Fee* basis. We’ll work with you to build your forced adoption compensation claim and explain each step of the legal process.
*Conditions apply
Trauma-informed abuse claim support
We recognise your courage in speaking up. Wherever possible, we’ll work with you to minimise the stress and inconvenience of the claim process.
Our abuse lawyers are trained to work in a trauma-informed way. Our mental health support team help reduce the trauma of the claim process for both our lawyers and clients. We’ll be with you, every step of the way.
You may be entitled to claim compensation. Start the process with our simple and free online tool.
What we will ask:
Questions to help us understand your experience and how your life has been impacted. Your responses will help us define the best course of action for your claim.
What happens next:
Book a confidential, obligation-free appointment with an experienced abuse lawyer, or
Speak with our team about your abuse claim options
No Win, No Fee*
We do our best up-front to make sure you understand your legal case, including whether your case is on our No Win, No Fee* basis.
*Conditions apply
Contact Shine Lawyers’ forced adoption lawyers
It’s important to get legal advice specific to your situation. Get in touch to arrange a confidential, obligation-free discussion with our expert, trauma-informed abuse lawyers.
Forced adoption FAQs
When did forced adoption stop in Australia?
When did forced adoption stop in Australia?
Broadly speaking, forced adoption in Australia stopped (as accepted public policy) by the 1980s. It was more prevalent between the 1950s and 1970s.
What is the forced adoption redress scheme?
What is the forced adoption redress scheme?
The Victorian government has established the Historical Forced Adoptions Redress Scheme. The Scheme acknowledges the impact of past forced adoption practices and provides financial redress and support to mothers whose lives were impacted by those practices. The Historical Forced Adoptions Redress Scheme is open to mothers who were forcibly separated from their newborn babies prior to 1990 and who:
Gave birth in Victoria, or
Were a Victorian resident but gave birth interstate
Victoria is currently the only Australian state or territory to establish any kind of historical forced adoption redress scheme.
Is there support for people impacted by forced adoption in Australia?
Is there support for people impacted by forced adoption in Australia?
Funded support services for forced adoption are available in every Australian state and territory. The list of forced adoption support organisations is detailed on the Australian government’s Department of Social Services site.
Do you need an abuse lawyer?
Do you need an abuse lawyer?
It’s possible to represent yourself for your forced adoption compensation claim. However, at a challenging time, Shine’s experienced abuse lawyers and mental health support team are invaluable. They have the knowledge, compassion and empathy to help guide your claim and support you.
