Forced adoption support services scoping study Daryl Higgins, Pauline Kenny, Reem Sweid and Lucy Ockenden Report for the Department of Social Services by the Australian Institute of Family Studies February 2014

11Background

This chapter presents a brief history of forced adoption practices in Australia and the resulting state government and Australian Government senate inquiries that have led to the realisation of this study.

11.1History of forced adoption

During the mid to late twentieth century (1940s to 1980s), it was common practice for babies of unwed mothers to be adopted by married couples. At its peak in 1971–72 there were almost 10,000 adoptions in Australia (Australian Institute of Health and Welfare [AIHW], 2010; 2013). Adoption laws enacted during this period authorised social workers to determine which mothers were “unfit” to raise children and which couples were “fit” to adopt these children (Quartly, Swain, & Cuthbert, 2012). In most cases, these adoptions were “closed adoptions”, where the original birth certificate was sealed and a revised birth certificate was issued establishing the child’s new legal identity with their adoptive family (Kenny et al., 2012).

At hospitals and maternity wards across the country, young unwed mothers were denied any knowledge of their child, including name, gender and location. Many of the infants were taken from their mothers at childbirth as a result of extreme pressure and coercion that they experienced from social workers and hospital staff. This was especially common from the 1960s to the mid 1970s as the approach of a “clean break” for mother and child was thought to provide the best outcome for both (Goodwach, 2003). It has now been recognised that the separation of a child from its mother in this manner was neither moral nor legal (Gillard, 2013). The adoptions that occurred in this way have been termed “forced adoptions”. In the late 1970s and through the 1980s and 1990s, legislative, social and economic changes occurred. These changes gradually began to alter adoption practices, shifting away from the secrecy of forced adoptions. Forced adoption, as noted by the Senate Inquiry, is now understood as “a peculiar twentieth century phenomenon” (2012, p. 3).

The past practices of forced adoption have resulted in lifelong consequences for the majority of those directly involved, particularly for mothers and adopted persons, but also for other family members (Higgins, 2010). Evidence from a recent study into forced adoption practices revealed that the ripple effect of these closed adoption practices spread to other family members and subsequent children (Kenny et al., 2012). Many of those affected by forced adoption policies and practices continue to struggle with ongoing mental, physical and social health problems as a result of their adoption experiences. There is now evidence of the wide-ranging psychological impacts including grief and loss, self-identity issues, anxiety and depression disorders, and symptoms of post-traumatic stress disorder (PTSD) (Kenny et al., 2012).

There has been limited research on these experiences and impacts outside of the Past Adoption Experiences: National Research Study on the Service Response to Past Adoption Practices (Kenny et al., 2012), published by the AIFS. While this lack of research may be attributed to the nature of forced adoption as a recent “phenomenon”, it is also a result of the stigma that has been associated with pregnancy out of wedlock and the secrecy surrounding closed adoption and its practices. These issues, combined with practitioners having limited understanding of how forced adoption has impacted on those affected, have discouraged many individuals from seeking treatment and support.

Over the past three decades, increasing pressure on state and federal governments from organised groups of mothers and adopted people has led to two state inquiries (in Tasmania and New South Wales) and a Commonwealth inquiry. These same groups of people affected by forced adoption were also instrumental in lobbying for apologies from hospitals and state institutions. As a result of the findings from the state inquiries and the mounting pressure from affected groups, reports of the experiences and impacts of mothers and adopted persons began to be acknowledged through apologies offered by hospitals and state governments.

But I think that society is built on our collective actions and that just as they say an unexamined life is not worth living, an unexamined society can never learn from its mistakes … Perhaps the time has now come to face the fact that many of the babies given up for adoption—supposedly freely given to more deserving or suitable homes—were actually taken in a spirit of meanness and a moral judgement propped up by dishonesty. But I don’t think it is so much a matter of apportioning blame as it is one of society accepting responsibility. (Parliament of NSW: Legislative Council Standing Committee on Social Issues, 2000, Submission 134)

11.2State inquiries into forced adoption

12Tasmania

In 1999 the Parliament of Tasmania’s Joint Select Committee held an inquiry into forced adoption practices. The inquiry was largely in response to petitioning from two peer-support services: Adoption Jigsaw and Origins (Parliament of Tasmania Joint Select Committee, 1999).

The Committee found that forced adoption practices have had significant adverse affects on mothers, stating:

(1) Evidence presented to the Committee indicates that the past practices in the administration and delivery of adoption and related services in Tasmania has had a significant personal effect on the witnesses and respondents to this Committee. The services offered to birth parents from 1950 to 1988, particularly those relating to the taking of consents, were undertaken at a time when societal views and pressures were very different from today.

In hindsight, it is believed that if knowledge of the emotional effects on people was available during the period concerned, then parents may not have pushed for adoption to take place and birthmothers may not have, willingly or unwillingly, relinquished their children. Witnesses and respondents, who include some adopted children, would not therefore be experiencing the pain and suffering which continues to influence their lives.

(2) On the basis of conflicting or insufficient evidence, the Committee could not make any definitive finding as to unethical and/or unlawful practices that denied birth parents access to non-adoption alternatives for their child.

That is not to say such practices did not occur. Due to a lack of records and the death of some potential witnesses, it is not possible to come to a conclusion that any practices were unethical given the background of community standards and departmental procedures of the time.

There were seven recommendations from the Committee, which included offering independent counselling services free of charge, removing fees associated with accessing documents relating to adoption and improving access to the medical history of the birth family. The Tasmanian state government announced no formal response to these recommendations.

13New South Wales

On 28 May 1998 the Social Issues Committee conducted an inquiry on behalf of the New South Wales (NSW) Legislative Council.

The final report for the NSW inquiry was published on 8 December 2000 in a report titled Releasing the Past (Parliament of NSW: Legislative Council Standing Committee on Social Issues, 2000). In this report the Committee acknowledged that:

Many past adoption practices have entrenched a pattern of disadvantage and suffering for many parents, mostly mothers, who relinquished a child for adoption particularly in the 1950s, 1960s and 1970s. (p. xiv)

The report included a chapter on “The lasting effects of adoption”, which recognised the psychological and physical impacts that resulted from forced adoption practices. Another chapter titled “Measures to assist people affected by past adoption practices”, acknowledged the need for the delivery of support services to assist those suffering from the lasting effects of adoption (Parliament of NSW, 2000). The report also presented a list of 20 recommendations. These recommendations included:

providing state funding to enhance the services available, by increasing access to services for those in regional/rural areas, and developing resources and training kits;

reviewing the contact veto provision in the Adoption Act 2000;

waiving the fees and costs associated with the provision of adoption information by the state;

collaborating with state and territory to improve the consistency of adoption information legislation and procedures across Australia;

issue a statement of public acknowledgement that the adoption practices were misguided and encouraging services involved in these practices to issue a public apology; and

establishing a public education campaign.

New South Wales government response

In response to the findings from the Releasing the Past report, the NSW government acknowledged the lasting impacts of forced adoption on the parties involved. Furthermore, the government granted funding to the Benevolent Society’s Post Adoption Resource Centre (PARC) to engage a counsellor to train and support staff in rural and regional areas of NSW; to develop resources such as a training guide that can be used by regional and rural counsellors; and to develop an online forum (chat line) to assist in networking and supporting professionals. A further grant was provided for the collation and publication of the experiences of mothers. The government supported the review of the contact veto, relevant legislation and the way that adoption information is accessed (Parliament of NSW, 2001).