Illegal adoptees want compensation for looking for biological parents

What the government knew for decades but always covered up is now being confirmed. There are many abuses in foreign adoptions, concludes an investigation committee led by former top civil servant Tjibbe Joustra. Adoptees are happy with the recognition. Wish-parents fear a stop on adoptions.

"This proves that I do have a point and have not just shouted in a vacuum," says Butink. “It is nice that this is recognized. At the same time, it is crazy to be happy with the confirmation that abuses have taken place. ''

Butink filed a lawsuit against the Dutch state last year. She believes that the state and the Kind en Toekomst foundation, which arranged her adoption in 1992, made serious mistakes. The agency did not investigate whether the details of biological parents were correct or whether they gave her up for adoption voluntarily.

Barred

The judge ruled that the state is not liable because the fraudulent practices are time-barred. The court thus followed the defense of the state. Moreover, it would be impossible to detect fraud.

"It is a pity that my case has not been examined in terms of content," says Butink, who has appealed. “If they can't determine that my birth papers are not real, let them prove that they are real. This report gives hope for the appeal. ''

The committee, which presented the report on Monday, examined adoptions from Brazil, Sri Lanka, Bangladesh, Colombia and Indonesia (1968-1989). The investigation was prompted by documents that Patrick Noordoven obtained through the Government Information (Public Access) Act (Wob).

Diplomats

Patrick (NGO Brazil Baby Affair) was illegally removed from Brazil in the early 1980s with dozens of other children. The documents contain 'concrete indications' for 'active involvement' of Dutch diplomats and civil servants.

Interest groups have been ringing the bell about abuses for some time. Many babies have been 'adopted' with forged birth certificates, often without the knowledge and consent of their parents. The Dutch government sometimes cooperated or failed to monitor and intervene.

Lisa-Marie Komp, lawyer at Butink and Noordoven, finds the conclusions 'not surprising'. “A lot is already known for all the work that interest groups have done. It is important to recognize that now. ''

On the line

The question is what steps outgoing Minister Sander Dekker (Legal Protection) is going to take with the tough conclusions. "The way the ministry has dealt with adoptees so far is inappropriate," says Komp. "They are kept on a leash and sent from pillar to post."

In a wob request in Butink's case, it appears that the file on adoptions from Sri Lanka has disappeared. "That is alarming," says Komp. “Information is also not made public. Adoptees have to litigate endlessly to obtain documents. That must be over. ''

Personal injury lawyer Mark de Hek (SAP), who is in contact with dozens of victims, has asked the ministry to abolish the limitation period in adoption cases. A motion to that effect was passed by the Lower House last year. "My clients have not felt they have been heard for a long time," says De Hek.

Blunt axe

“This report is very important emotionally. But legally you can not do much with it as long as the state wields the blunt ax and stops cases by invoking prescription. On the one hand, she lets a committee get to the bottom of everything, but before the judge the state says: you were unlucky, the case is time-barred. That is inconsistent and unfair. ''

According to Kana Verheul (Shapla Foundation), who discovered that her Bangladeshi birth papers were forged, the traditional sentiment that adoption is a good thing still plays a role. "But the ideological story is outdated," says Verheul. "Adopting a child is not development work."

According to Verheul, there is a flaw in the adoption system. This is based on family law and the ardent desire of adopting parents to have children, and not on the right of children to identity and parentage information.

To make money

"The financial incentives must be removed," she says. “These are vulnerable families. Around it are people who have an interest in taking the children away and making money. There is insufficient control over this in the countries of origin. ''

Moreover, according to Verheul, better information and help should be provided for adoptive parents. "I don't want to ignore the parents' desire to have a child, but not everything is allowed to start a family."

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The interest groups want the state to facilitate and compensate the search of adoptees for their biological parents. “The chance of finding parents is getting smaller and smaller over time. We have already lost so much time. Corona makes the quests more difficult.

The 1.2 million euros that the ministry has made available for adoptees is not spent on individual searches, but on websites, information and contact with fellow sufferers.

"The International Convention on the Rights of the Child states that the government must cooperate in restoring identity in the case of child theft and trafficking," said Chamila Seppenwoolde, former chairman of United Adoptees International interest group.

The committee concludes that contemporary adoption practice is not good. According to Seppenwoolde, that is 'a step forward'. "The Hague Adoption Convention is a sham."

Skeptical

She is skeptical of a 'temporary stop' on adoptions. “We have seen that in other countries, such as Sri Lanka. The policy was changed, but the adoptions continued or channels were tapped in other countries. As long as money is involved, the risk of child trafficking remains. ''

At the National Association of Adoptive Parents, the committee's tough conclusion is bad. "It is causing a lot of unrest among adoptive parents," says chairman Sander Vlek.

“We feel very sorry for the victims of abuses in the 1970s and 80s. Those responsible for that can be shamed. But if you conclude that these practices are still happening, I want to see evidence that mistakes have been made in adoptions in the last ten years. I don't have those signals. ''

The number of foreign adoptions has been declining sharply for years. According to Statistics Netherlands, only 145 children were adopted in 2019, more than half less than in 2015. Most children came from Hungary and China. Adoptions from certain countries have been discontinued because of doubts.

Satisfied

Vlek points to studies showing that most adoptees in the Netherlands are doing well. “They are satisfied with their lives and look back positively on their adoption. If there are struggles, it is because they have been given up and not because they have been adopted. ''

Vlek fears that the report will have a negative impact on the adoption world. “There are still hundreds of children in foreign homes who are dying, and prospective parents who are on a waiting list or cannot pick up their adopted child due to the corona crisis. Nowadays, adoption is no longer a way of growing up, but of protecting a child. I am afraid that adoptions today will be the victim of the abuses of 40 years ago. That frustrates me. ''

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