This article presents a critical reading of Norwegian and Danish contemporary forced adoption policy as biopolitical regulation of reproduction and kinship in the Nordic welfare state. The analysis investigates how contemporary forced adoption policy has been shaped through legislative amendments from the early 2000s to the present and discusses central rationales behind the policy of forced adoption. Over the period, two amendments to the Danish and Norwegian laws were decisive for how forced adoption is practiced and lead to significant increases in forced adoptions per year. The 2009 amendment in Norway, relied on a rationale of safety and stability, which positions forced adoption as the scientifically optimal choice for the child underpinned by ideals derived from development and attachment psychology. The 2015 amendment to Danish law relied on the rationale of exception, asserting the indisputable necessity of forced adoption. Additionally, it built on the rationale of probability to make live of a future in which the child belongs to the adoptive family while first kinship is terminated.Introduction
In her 2020 New Year’s speech, Danish social democratic Prime Minister Mette Frederiksen articulated her ambition to “give more vulnerable children a new home”Footnote1 by increasing the number of children placed in care through removal or forced adoption (Regeringen, Citation2020). The political commitment to promote forced adoption as a social services intervention subsequently found legislative expression in the 2021 “Children First” (Børnene Først) reform, which extended forced adoption rules to apply as early as before the child’s birth. The reform was enacted into law in 2023 (Barnets Lov, Citation2023; Regeringen, Citation2021). Concurrently, successive amendments to Danish forced adoption laws have facilitated a rise in the number of forced adoptions from 9 cases per year in 2018 to 37 cases in 2022 (Ankestyrelsen, Citation2023).
Forced adoption is one of the welfare state’s most extensive interventions as all juridical ties between the child and the first family are ended making the adoptive parents the child’s only juridical parents. Norway and Denmark are the only Nordic states that practice forced adoption, sharing highly similar policies. While Denmark is still in the process of establishing its forced adoption practice, Norway has had a more consolidated practice with about 60 forced adoptions per year in the period 2014–2018 (Bufdir, Citation2022). The higher number of cases in Norway has resulted in several convictions in the European Court of Human Rights (ECHR) for violating Article 8 on the right to family life, and in the case of Abdi Ibrahim v. Norway, likewise to allegations of violating Article 9 concerning freedom of thought, belief and religion (Faye Jacobsen & Hjaltason, Citation2021). Consequently, Norway has adjusted its forced adoption practice to require “weighty reasons” (tungtveiende grunner) (Vedtak til lov om barnevern, Citation2021), leading to a drastic decrease in the number of forced adoptions per year with just 7 cases documented in 2022 (Bufdir, Citation2023).
In the present article, I analyse contemporary forced adoption in Norway and Denmark as biopolitical regulation of reproduction and kinship. First, I situate forced adoption policy within the context of the Nordic welfare state and review existing research on this policy. Second, I outline my theoretical and methodological approach, which provides the tools to discuss the research questions: How has contemporary forced adoption policy been shaped through legislative revisions? And what are the central rationales behind contemporary forced adoption policy? My analysis draws on an archive of Norwegian and Danish legislative amendments, parliamentary debates and preparations from the early 2000s to the present and I identify two central legislative amendments. Focusing on the two decisive amendments, I analyse the most significant rationales behind contemporary forced adoption policy in Denmark and Norway.
Situating Forced Adoption Policy