History and timeline of forced adoptions in Victoria

Adoption of Children Act 1928 (Vic)

• Adoptions were first legislated in Victoria through the Adoption of Children Act 1928 (Vic), allowing anyone to arrange an adoption.
• It provided for the transfer of parental rights, duties, obligations and liabilities to adoptive parents. It also provided for the legitimisation of existing informal adoptions, without the consent of the birth parents. Before this time, informal adoptions were not recognised by law.

The Adoption of Children Act 1958 (Vic)

The Adoption of Children Act 1958 (Vic) consolidated adoption legislation and modernised its drafting. It also extended the rules of succession, which in previous legislation was limited in relation to wider family inheritances and introduced the requirement that the court appoint a person to safeguard the interests of the child in adoption proceedings before the court.

• The Commonwealth government introduced the Adoption Assistance Act, which provided financial incentives to state governments to increase adoption rates.
• In Victoria, model legislation discussions resulted in the Adoption of Children Act 1964 (Vic). This prohibited private adoptions and ‘increased confidentiality and secrecy measures and ushered in the era of closed adoptions.’
• After the introduction of the Adoption of Children Act 1964 (Vic), the Director of Social Welfare became the legal guardian of any child whose mother (or natural parent(s)) had signed a general consent for adoption, up until an adoption order was made. The Director had to report to the Court, before an adoption order was made, on whether the potential adoptive parents were suitable parents of ‘good repute and are fit and proper persons to fulfil the responsibility of parents’ and that the welfare of the child would be ‘promoted’ by the adoption. The Court then had to be satisfied these requirements had been met before adoptive parents were granted legal custody of a child.
• During the 1960s, evidence began to emerge of the damage caused by closed adoptions and the need of adopted people and birth parents to know about and have contact with each other.
• The Welfare Ordinance allowed unwed mothers to be declared as "moral" or "unfit" by welfare officers, leading to forced adoptions.

• The Federal Family Law Act introduced "best interests of the child" as the primary consideration in adoption decisions, placing more emphasis on the needs of the child.
• Royal Commission on Human Relationships highlighted concerns about the adoption process, including the coercion of young mothers and the lack of informed consent.
• Social Services Act (No. 3) 1973 Cth, introduced single mother’s pension. The Australian Government introduced the Supporting Mothers Benefit in 1973. Increased levels of support became available to lone parents.
• In 1978 the Victorian Government commissioned a review of the 1964 Act. There was great public interest in the report, which took four years to prepare, received 880 submissions, ran to more than 300 pages and contained 247 recommendations. There was widespread support for its proposals, most of which were taken up in the Adoption Act 1984 (Vic).

Adoption Act 1984 (Vic)

The Adoption Act 1984 (Vic) was introduced, which represented a significant shift in the handling of adoptions. The act included the following updates to the adoption process:

• Best Interests of the Child: The Act established the principle that the best interests of the child should be the paramount consideration in adoption decisions. This shift in focus prioritises the welfare and well-being of the child throughout the adoption process.
• Eligibility Criteria: The Act defined the eligibility criteria for prospective adoptive parents. It outlines the requirements, including age, residency, suitability, and capacity to care for a child.
• Consent: The Act specified the procedures and requirements for obtaining consent in adoption cases. It addresses the consent of the child, birth parents, and any other person with parental responsibility.
• Open Adoption: The Act introduced the concept of open adoption, which allows for ongoing contact between the child, birth parents, and adoptive parents, when deemed in the best interests of the child. This recognises the importance of maintaining connections and relationships for the well-being of the child.
• Information Sharing: The Act established mechanisms for the sharing of information between parties involved in the adoption process. It allows for the exchange of information, including medical and genetic information, between birth parents, adoptive parents, and the adopted person.
• Adoption Orders: The Act sets out the procedures for making adoption orders, including the role of the court in considering and granting such orders.
• In 1986 the last of the maternity and babies’ homes closes.
• The Adoption (Amendment) Act 1987 (Vic) introduced a range of amendments that extended and modified rights to obtain information and enabled increased access to information held by government bodies.
• Children and Young Persons Act (1989) hastened closure of Victoria’s remaining children’s homes.
• Another amending Act (the Adoption (Amendment) Act 1989 (Vic)) expanded the categories of people who could apply for adoption information and clarified the prohibition against publicity regarding adoptions.

Disability Services and Other Acts (Amendment) Act 1997 (Vic)

The Disability Services and Other Acts (Amendment) Act 1997 (Vic) was an omnibus Act which amended the Adoption Act (along with other legislation) to remove mandatory age restrictions and extend the right to adopt to de facto partnerships.

Bringing them home

National inquiry into the separation of Aboriginal and Torres Strait Islander Children from their families. The Bringing them home report was published in 1997 and considered the ‘past and present practices of separation of Indigenous children from their families’.

National Principles in Adoption

In 1993, the National Principles in Adoption were developed through the Community and Disability Services Ministers’ Conference and the Community and Disability Services Ministers Conference (CDSMC) ratified the principles. They were reviewed in 1997 to incorporate Australia's obligations under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

The Adoption (Amendment) Act 2000 (Vic)

The Adoption (Amendment) Act 2000 (Vic) gave effect to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and to certain bilateral arrangements for inter-country adoption. It also provided a method for the wishes of a child to be considered in an adoption proceeding.

Forgotten Australians report

A report on Australians who experienced institutional or out‑of‑home care as children was published in 2004. This made 39 recommendations, including apologising for past practices; that state governments should consider removing the statute of limitations; establishing a national reparations fund; creating complaints and grievance mechanisms; increasing access to information and records; providing advocacy, support and counselling services; increasing health care, aged care and housing that caters to the needs of care leavers; increasing recognition through memorials and exhibitions; and creating an oral history project.

Commonwealth Report

February 2012 - The Australian Government released a report into Commonwealth contributions to former forced adoption policies and practices. Report: Commonwealth Contribution to Former Forced Adoption Policies and Practices (apo.org.au).

Victorian Apology

The Parliament of Victoria delivered an apology on 25 October 2012, led by the former Premier the Hon Ted Baillieu MP.

National Research Report Released

On 17 August 2012, the Australian Institute of Family Studies released its report Past Adoption Experiences: National Research Study on the Service Response to Past Adoption Practices which aimed to improve the evidence base and understanding of issues related to former adoption practices. It included the experience and perspectives of mothers, people who are adopted, fathers, adoptive parents, other family members and service providers, and considered all past adoption practices, not just experiences of force. It had a particular focus on support services provided to affected individuals and best practice in this area.

Records access for Natural parents

Following legislative changes in 2013, Natural mothers and fathers can now obtain identifying information about their adult adopted children.

Removal of requirement to obtain consent from an adult adopted person

The Adoption Amendment Act 2013 (Vic) removed the requirement to obtain an adult adopted person’s consent before giving identifying information about the person to their birth parent. The 2013 Amendment Act introduced ‘contact statements’, which allowed an adult adopted person to specify their wishes in relation to contact by a birth parent, created an offence for the birth parent to contact the adopted person in breach of their wishes, and imposed a penalty of 60 penalty units (up to $9100 at the time). Parents, particularly those who had had their children forcibly removed, regarded the contact statements as hurtful and discriminatory.

Removal of contact statements and offences

After a public campaign, provisions relating to contact statements and the associated offence were removed by the Adoption Amendment Act 2015 (Vic). Adult adopted people can no longer make contact statements. However, the adopted person, parents and other parties are able to record their wishes regarding contact on the Adoption Information Register. As all contact is mediated by agencies, efforts are made to ensure an adopted person’s wishes are known and honoured.

National apology

On 21 March 2013, the then Prime Minister Julia Gillard apologised on behalf of the Australian Government to people affected by forced adoption or removal policies and practices. The national apology was delivered in the Great Hall of Parliament House, Canberra.

Taken Not Given Exhibition

The Australian Government commissioned the National Archives of Australia (NAA) to develop the Forced Adoption History Project, ‘a comprehensive and accessible online curation of documents, photographs and personal experiences’ relevant to historical forced adoptions. In addition, the NAA delivered a traveling exhibition, Without Consent, which toured Australia to educate the public about forced adoption policies and practices and their impacts.

Review of the Adoption Act

In June 2017 the VLRC published its report, Review of the Adoption Act 1984, and acknowledged that Adoption law and practice deeply and intimately affects those to whom it applies. The effects are life‑long. They do not cease upon the adopted child reaching adulthood.

Taken not given memorial

In October 2018 the Victorian Government funded the establishment of the Taken Not Given memorial, which is located in St Andrews Reserve. The statue was constructed in consultation with the Association of Relinquishing Mothers (ARMS) and Origins Victoria.

Inquiry into local adoption

In 2018 the Australian Government’s House of Representatives Standing Committee on Social Policy and Legal Affairs conducted an Inquiry into local adoption. This inquiry considered how to establish a nationally consistent local adoption framework in Australia and the viability of using adoption as an alternative to out‑of‑home care to create stability and permanency for children. The inquiry discussed that adoption rates in Australia are the second lowest in the developed world, but Australia simultaneously has a growing number of children in out‑of‑home care. The report identified a key barrier to increasing adoption in Australia is the ‘fear of repeating the mistakes of past forced adoption policies and practices’.

Inquiry into responses to historical forced adoptions in Victoria

Launched in 2019 and explored the support services and responses provided to the people in our community who endured the past practice of forced adoption going back several decades.

• The inquiry received 114 submissions and heard from many mothers and adopted people who bravely shared their personal experiences at 11 days of public hearings in Melbourne and regional areas including Geelong, Wodonga and Kangaroo Flat. The final report was tabled in Parliament on 8 September 2021.
• The Inquiry made 56 recommendations covering a range of issues aimed at government and other public agencies, including hospitals as well as other organisations involved in historical forced adoption.
• The Victorian Government responded to the Inquiry into responses to historical forced adoptions in Victoria on 10 March 2022.

Cessation of approved adoption agencies

On 5 October 2021 the approval of the 4 adoption agencies lapsed.

Anglicare Victoria, Catholic Care Victoria, and Uniting Victoria Tasmania have been providing adoption services since 1929, when Adoption legislation commenced in Victoria. Child and Family Services Ballarat began arranging adoptions as an adjunct to their Permanent Care program in the late 1990s. Until October 2021 the 4 organisations were approved as adoption agencies under section 22 of the Adoption Act.

While government decided to cease the practice of approving adoption agencies the 4 organisations continue to be funded to provide some adoption related services on behalf of the department.

10-year Vic apology anniversary

25th October 2022 marked the 10th Anniversary of the Victorian Parliamentary Apology for Past Adoption Practices.

10-year National apology anniversary

Tuesday 21 March 2023 marked the 10th anniversary of the National Apology for Forced Adoptions. The 10th Anniversary was a date of national significance for many people. To mark this important milestone, the Government hosted commemorative activities in Canberra.