After years of struggle, there seems to be a definitive end to the adoption of foreign children by Dutch prospective parents. Saskia de Groot of SAP Personal Injury Lawyers represents adopted children who have fallen victim to abuses in the adoption sector. They are cautiously optimistic.
First, the background: why are international adoptions under fire? Since the 1970s, Dutch prospective parents have adopted more than forty thousand children from abroad. In doing so, rules were regularly violated. Children were not always given up voluntarily, birth certificates were forged. In many cases, Dutch officials knew about the fraud, but turned a blind eye or actively cooperated. The result is that children were torn away from their family and country of origin under false pretenses. Because of the forged papers, they have little or no opportunity to search for their biological family. Where they do succeed, it often costs a great deal of time and money.
State held liable
In 2018, SAP held the Dutch state liable on behalf of a group of adoptees. Other offices also initiated proceedings. The state has always denied responsibility for the abuses. Although there is occasional success in court, judges often rule that it is not right to look at procedures from the 1970s and 1980s with today's eyes.
In 2021, the Joustra Commission published a damning report on the widespread abuses in adoption procedures. The Dutch government had been aware of adoption abuses since the late 1960s. In doing so, the government failed to meet its responsibilities and obligations and failed to intervene when there was reason to do so. The harsh conclusions led to a temporary freeze on adoptions.