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:
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.
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.
Additional claim types
Depending on the circumstances of your claim and what state the incident happened in, you may be eligible for other forms of compensation. Our expert team will help you understand your claim options.
They could include:
How Shine supports your claim
When preparing to make a claim, consider the following:
Your historical records
Due to legislative reforms, it is now a lot easier to find your historical records. We can assist you to find these records in the course of your claim or refer you to the correct service provider.
Trauma informed lawyers
We recognise the bravery it takes to reach out. Our lawyers have been trained in a trauma informed approach and will gently guide you through the process.
Shine Lawyers mental health team
We have a dedicated mental health team to provide care and counselling services whenever you may need them.
How Shine Lawyers’ forced adoption lawyers can help
Talking about your forced adoption experience can be overwhelming. Shine Lawyers’ forced adoption lawyers are compassionate experts who can listen to you, advise on your situation and help you understand the legal process and your options to claim forced adoption compensation.
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
Claim process
We listen and assess your case confidentially
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
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
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
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
Resolve your case
We will passionately work to deliver the outcomes you deserve; acknowledgement, apology and compensation.
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
We're here to help
We’re here to make the claims process as simple and stress-free as possible.
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.
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
Read more here Our additional parliamentary submissions for abuse law can be viewed here.
