Threshold removed for lawsuits after 'shocking' report on adoption abuses

nos.nl
8 February 2021

Joy, that was the first reaction of the adopted Dilani Butink when she heard that new adoptions from abroad are being temporarily halted . This was decided in response to a damning research report on the Dutch adoption culture and the role of the government. "I am very happy with the report from the committee and the temporary halt. This just confirms what we have been fighting for all this time, that it has not been in vain."

Dilani Butink was adopted from Sri Lanka in 1992 by Dutch parents. She filed a lawsuit in connection with her adoption procedure, in which, according to her lawyer, serious mistakes were made. Last year, the judge ruled that the case was time-barred , so the court would not deal with the substance of the case. An appeal is still pending.

Butink thinks it must sound crazy to respond happily to such a damning report, but these conclusions make her feel familiar in her grief. "We actually knew what went wrong, but it's nice that it is now being confirmed. And I was shocked to see that things are still not going well."

Mirjam and Doriet also went wrong with their adoption from Indonesia. They later turned out not to be sisters and recently told about this:

31:39

Adopted as sisters, but no family: 'we remain each other's sister'

Minister Dekker apologized and announced in response to the report that the State will no longer invoke prescription in legal proceedings against adoptees, so that more victims can successfully go to court. Butink does not yet know what that means for her business.

In any case, her lawyer, Lisa-Marie Komp, says she is very happy that the State no longer does that. According to Komp, it is rare that it is said in advance that no claim is made on prescription. "This clearly shows that the minister knows that in this case it is very unreasonable."

I assume that the substance of the case can now be dealt with in that appeal.

Attorney Komp on Butink's case

She does find it frustrating, however, that prescription has so far been invoked in various proceedings. "I think the minister could have had that insight even without this report." Until now, the proceedings of her client Butink were mainly focused on whether the case was time-barred or not. "So we could have skipped that. That could have saved a lot of time, money and frustration."

The appeal in Butink's case is now pending, and the lawyer will examine with her client what this development means for this. "But I assume that the matter can now be dealt with substantively. That we can come to that interesting question: what went wrong with her adoption and what responsibility does the State bear for this?"

House of Representatives: shocking, penetrating report

MPs from CDA, VVD, D66, SP, PvdA and GroenLinks, among others, are shocked by the abuses that the report exposes. CDA MP Van Toorenburg speaks of a "penetrating report on extremely nefarious abuses". D66 MP Bergkamp calls the abuses "shocking and violent". GroenLinks MP Van den Berge is "shocked" and PvdA MP Kuijten calls it almost "incomprehensible".

Members of Parliament rightly believe that Minister Dekker has apologized. MPs find it especially shocking that "the government knew about it and looked away". Help for all parents and children is now of the utmost importance, says the House.

The House will have to see how things should proceed. "We have to see whether adoptions from other countries are still possible," said CDA MP Van Toorenburg. A decision about this is up to the next cabinet, according to MPs.

'Hurtful'

Sander Vlek, chairman of the National Association of Adoptive Parents, says that in the coming days he will mainly focus on informing prospective parents. "According to Dekker, there are now about 400 files that are already running and can therefore still proceed." Then he focuses on the new House of Representatives, which must decide on the future of the adoption system. He fears damage to the existing infrastructure because the foundations involved cannot do their work for the time being.

Vlek also wants to talk to the Joustra committee about statements made during the presentation of the report, which he believes are hurtful to adoptive parents. "Joustra spoke about pressure from prospective parents. It is true that adoptive parents wish to have children, but not through abuse. We always want to be able to explain to our children why they are with us."

All information evenings for people considering adoption have been canceled for the time being.