In France, people who were illegally adopted internationally are trying to make their voices heard by the courts. As this phenomenon does not currently constitute a criminal offence, the fight is likely to be difficult.

There are 120,000 children who have become French through international adoption between 1980 and today. A figure that is largely underestimated, not counting all the cases where children arrived without a visa. So how many were there illegally? The question makes all those involved in adoption tremble. " We don't have precise figures on the number of illicit practices, we would have to look at each case individually," notes Fábio Macedo, a doctor of history at the University of Angers.

The criminal response is also summary: "There is no specific law on illegal adoptions."  Joseph Breham, a criminal lawyer, firmly establishes this statement. He clarifies the legal situation in which people who have been adopted illegally find themselves.

"There is no specific law on illegal adoptions."

Joseph Breham, criminal lawyer

The lawyer has mastered this subject well to work, with his colleague, Noémie Saidi-Cottier, on the Malian case against the authorized adoption organization (OAA) "Le Rayon de soleil de l'enfant étranger". The establishment, which is said to be at the origin of several illegal adoptions between Mali and France, is currently the subject of an investigation after the lawyers of nine "adoptees", men and women who are sometimes well into their forties, filed a complaint for the offense of receiving stolen goods... All of them were adopted in France under an adoption regime that is not the same as in the country of birth; sometimes to the detriment of the wishes of the biological families. This goes hand in hand with the falsification of documents, false declarations and breach of trust by the parents. With no way of knowing their initial ties, these adoptees live in a biological void. "I know I have a brother, but no one wants to tell me ," complains Marie Marre, one of the plaintiffs in the Malian case and spokesperson for the movement [1].

“The motivations of Western countries in this approach originally stemmed from a generous desire to help abandoned children in distress. But in our industrialized countries, international adoption has today often become a response to the lack of adoptable children and the infertility of couples (…). A sort of belief in a right to adopt is spreading among public opinion, with, as a result, the creation of a real adoption market.” This extract is taken from the Report “For respect for the rights of the child in international adoption” published by the Committee on Social, Health and Family Affairs (Council of Europe) on December 2, 1999.

The 8 December 2023 , the Federal Council presented the results of the second study by the Zurich University of Applied Sciences entitled “Indicative elements of illegal adoptions of children from 10 countries of origin in Switzerland, from the 1970s to the 1990s” . We can read there: “The documents consulted in the specialized files reveal a dissonance between the postulate of consideration of the good of the child, on the one hand, and the practice on the other hand, the latter having often been guided by others interests than those of adopted children. This gives children object status. It is not uncommon for them to be spoken of as if they were commodities, for example using the term "child importation" or, more subtly, when adopting parents express wishes as to the characteristics of the child they wanted to welcome.”

What do the 24 years between these two declarations tell us?
First of all, it takes a generation to change a “mentality”. A generation for the passing of time, but also a generation of adoptees now adults and capable of bringing the debate to the public square. 
It would be wrong to say that nothing would have happened during all these years: the entry into force in Switzerland in 2003 of the Hague Convention on international adoption, the establishment of a federal central authority, the strengthening of control over adoption intermediaries, have significantly increased the regulation of international adoptions. These national measures, to which are added those taken by the States of origin and international bodies, have considerably modified the landscape of international adoption, to the point that it now represents only 10% of its historical maximum ( more than 40,000 international adoptions recorded throughout the world in 2004). 

This long time is also symptomatic of the complexity of a fictitious filiation, based on law and not on blood, which summons buried personal and social values, hidden political and geopolitical issues, and elusive fragmented responsibilities. This complexity must lead to nuance and respect for everyone, in particular by avoiding shortcuts. In his report yesterday, the RTS journalist declared “in total, 8,000 children were adopted illegitimately between 1970 and the end of the 90s”. This type of allegation is, on the one hand, unfounded: the study clearly states that “to draw up this inventory, we did not consult individual files, but only specialized files kept in the federal archives”. Talking about system failures does not mean that all files are affected, and even less so that they are affected equally. On the other hand, it is about respecting adopters and adoptees who may not be concerned, who also form families and who do not all feel the need to question their history.

Finally, if the decision of the Federal Council to revise international adoption law must be welcomed, the previous report "Search of origin for adopted persons" published on November 15, highlighted the shortcomings of the current system with regard to means necessary for professional support of original research. It is now necessary to understand the issue of adoption in a global vision that includes past and future, national and international, adoptees and adoptive families.

ST. JOHN'S, N.L. - In a theatre in St. John's, N.L., a murmur spreads through the audience as people timidly raise their hands. They have been asked if they saw their own stories reflected in the film they just watched — "A Quiet Girl."

The National Film Board documentary by Montreal director Adrian Wills follows him as he searches for his biological mother in her home province of Newfoundland and Labrador. Each step closer to his mother takes him deeper into the history of adoption in the province, where many unwed pregnant women in deeply Christian towns surrendered their babies to be brought up by someone else.

"What people said to us afterwards was, 'My God, this is my cousin's story, this is my sister's story, this is our story,'" Wills said in a recent interview after screenings in central Newfoundland. "It was really emotional ... so many people want to tell you their stories."

Many more of those stories need to be told, said Anne Sheldon, who runs a Facebook group called Newfoundland and Labrador Adoptees. Each month there are many new posts from adopted people born in the '50s, '60s and '70s, looking for their biological family members in Newfoundland. The group has more than 14,000 members.

Woo request on correspondence with country analysis of intercountry adoption

Between 1970 and 1999, several thousand children from abroad probably came to Switzerland illegally for adoption. This is what a new report shows. These illegal practices are known from Sri Lanka. “Back to the Roots” tries to support those affected and help them deal with their adoption story. Sarah Ineichen is co-founder of the association and came to Switzerland as a baby from Sri Lanka to adoptive parents. She now also wants to help adoptees from other countries.

SRF News: What did the report trigger for you?

Sarah Ineichen: I'm shocked. It was clear to us that the irregularities in adoptions from Sri Lanka were just the tip of the iceberg. It is now factually proven that ten other countries of origin are affected. There are countless fates behind these numbers.

Those affected should be supported. At best.

And we are affected: no amount of money will make up for it. It's time for the federal government and the cantons to stand up. If a mistake has been made, I believe we can expect an apology. And those affected should be supported. At best.

Joint statement (Espace A, International Social Service SSI, PACH Nursing and Adopted children Switzerland, tracing service Swiss Red Cross SRK)

According to a study, the problem of unlawful adoptions in recent decades is far greater than previously known. Thousands of children are likely to be affected.

Celin Fässler was adopted from Sri Lanka. Today she advises adoptees who are looking for their birth parents.

The investigations into adoptions from Sri Lanka got the ball rolling. Three years ago it emerged that many children from Sri Lanka had been illegally adopted. Now it is clear: Sri Lanka is not an isolated case. Children who had been bought or taken away from their parents were also adopted from other countries. This is shown by a report from the Zurich University of Applied Sciences (ZHAW) commissioned by the federal government. 

What are the key findings of the new report?

The researchers searched the Federal Archives for documents from the 1970s to the 1990s from ten countries of origin: Bangladesh, Brazil, Chile, Guatemala, India, Colombia, Korea, Lebanon, Peru and Romania. They come to the conclusion that there is also numerous evidence of illegal practices, child trafficking, forged documents and missing origin information for these countries.

A new study shows that the extent of illegal adoptions from abroad to Switzerland may be significantly greater than assumed. We are talking about forged documents and mafia-like structures in different countries of origin.

Hundreds of children were taken from their parents in Sri Lanka from the 1970s to the 1990s and placed as adoptive children in countries such as Switzerland, often using false identities. When this long-standing practice became known four years ago, it caused a wave of outrage throughout Switzerland. Now a report commissioned by the Federal Council as a result of the research shows that the scandal surrounding the adopted children from Sri Lanka may have only been the tip of the iceberg.

In several thousand other cases, irregularities may have occurred during this time, according to the report published by the Federal Council on Friday. It was written by Nadja Ramsauer, Rahel Bühler and Katja Girschik from the Institute for Childhood, Youth and Family at the Zurich University of Applied Sciences (ZHAW). The authors examined adoptions from ten countries in Asia, Africa, South America and Europe. Most of the children came from India, Colombia, Brazil and Korea.

Agent collects $3,000 to $5,000 for a child

In these and six other countries there is numerous evidence of illegal practices, forged documents, missing origin information and child trafficking. According to the report, it is no longer possible to determine how many adopted children are affected. However, based on the entry permits issued during this period, the authors assume that there are several thousand people affected. Irregularities and misconduct did not only occur in the countries of origin. The authorities in Switzerland and the diplomatic missions in the countries are also said to have brushed aside information.

The Swiss government admitted that thousands of children were illegally adopted abroad and brought to Switzerland between 1970 and 1990. This discovery has prompted the government to seek a revision of the country's adoption laws. A report from 2020 revealed that the authorities failed to take appropriate action despite clear indications of irregularities in adoption placements. A second study conducted by Zurich University of Applied Sciences found evidence of illegal practices, child trafficking, falsified documents, and missing declarations of origin in multiple countries.

GENEVA: Thousands of children were probably illegally adopted abroad and brought to Switzerland between 1970 and 1990, the government admitted Friday.
The findings triggered ministers into seeking a revision of Switzerland's laws on adopting children from abroad.
Following numerous poignant testimonies from people illegally adopted in Sri Lanka, a first report in 2020 showed the authorities failed to take appropriate measures "despite early and clear indications" of irregularities in adoption placements.

The government commissioned a second study that was carried out by Zurich University of Applied Sciences (ZHAW) which looked at adoptions from 10 other countries: Bangladesh, Brazil, Chile, Colombia, Guatemala, India, Lebanon, Peru, Romania and South Korea.

"There were also indications of illegal practices, child trafficking, falsified documents and missing declarations of origin in these countries of origin," the government said in a statement.
"The number of entry permits issued suggests that several thousand adopted children could have been affected by irregularities during the period under investigation."
Over the period in question, ZHAW researchers found 8,000 authorisations for children to enter Switzerland, of which some 2,799 children came from India, 2,122 from Colombia, 1,222 from Brazil and 1,065 from South Korea.

The government "acknowledges the irregularities in international adoptions and regrets that the authorities did not adequately fulfil their responsibility towards the children and their families", it said.
"These shortcomings on the part of the authorities continue to shape the lives of adoptees to this day."
The federal government said it was up to the 26 cantons that make up Switzerland to support those affected in uncovering their origins.

Olivia Atkocaitis, 20, says she survived 14 years of abuse and servitude at the hands of her adoptive parents before escaping at 15

A New Hampshire couple convicted on criminal charges after allegedly keeping their adopted daughter in a locked basement and subjecting her to years of torture and "servitude" are now facing a lawsuit for allegedly violating her 13th Amendment rights. 

Chinese native Olivia Atkocaitis, now 20, allegedly dug her way out of a filthy "dungeon room" in 2018 at the age of 15 using a bottle cap, according to a lawsuit obtained by Fox News Digital.

"This lawsuit is potentially one of the scariest and gut wrenching experiences of my life," Atkocaitis said. "Day after day, I watched the people who claimed to be responsible for my safety and protection still not own up the fact that they failed me. I was a child, and I was not protected. I was left in the house by the same people who claim it’s not their fault."