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Commonwealth Contribution to Former Forced Adoption Policies and Practices

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Commonwealth Contribution to Former Forced Adoption Policies and Practices The Senate Community Affairs References Committee Commonwealth Contribution to Former Forced Adoption Policies and Practices February 2012 © Commonwealth of Australia 2012 ISBN 978-1-74229-600-5 The committee thanks the staff who worked very hard in undertaking this complex inquiry: Secretariat Dr Ian Holland (Committee Secretary) Dr Tim Kendall (Acting Committee Secretary) Mr Gerry McInally (Principal Research Officer) Ms Janice Webster (Senior Research Officer) Mr Tim Hillman (Administrative Officer) With Assistance from Ms Toni Matulick (Inquiry Secretary) Dr Jon Bell (Principal Research Officer) Ms Rebecca Walker (Principal Research Officer) Dr Noemi Murphy (Research Officer) Ms Hannah Dibley (Administrative Officer) Ms Tegan Gaha (Administrative Officer) Ms Jo-Anne Holmes (Administrative Officer) Ms Hanako Jones (Administrative Officer) Ms Christina Schwarz (Administrative Officer) Ms Di Warhurst (Administrative Officer) PO Box 6100 Parliament House Canberra ACT 2600 Ph: 02 6277 3515 Fax: 02 6277 5829 E-mail: [email protected] Internet: http://www.aph.gov.au/Parliamentary Business/Committees/Senate Committees?url= clac ctte/comm contrib former forced adoption/index.htm Printed by the Senate Printing Unit, Parliament House, Canberra. ii MEMBERSHIP OF THE COMMITTEE 43rd Parliament Members Senator Rachel Siewert, Chair Western Australia, AG Senator Claire Moore, Deputy Chair Queensland, ALP Senator Judith Adams Western Australia, LP Senator Sue Boyce Queensland, LP Senator Carol Brown Tasmania, ALP Senator Bridget McKenzie (from 1 July 2011) Victoria, NP Senator Helen Coonan (to 1 July 2011) NSW, LP Participating member Senator Catryna Bilyk Tasmania, ALP iii TABLE OF CONTENTS MEMBERSHIP OF THE COMMITTEE ...................................................... iii Recommendations .............................................................................................. xi Chapter 1 Introduction .............................................................................................................. 1 The language of adoption ....................................................................................... 2 The scope of this inquiry ........................................................................................ 3 Adoption in Australia ............................................................................................. 5 Previous relevant inquiries ................................................................................... 12 Other current inquiries into adoption ................................................................... 14 Examination of records by this committee ........................................................... 14 Evidence given by submitters ............................................................................... 17 Acknowledgements .............................................................................................. 17 Chapter 2 Attitudes towards adoption ................................................................................... 19 Early twentieth century: adoption as an alternative to institutionalisation .......... 19 Post-war period: clean break theory ..................................................................... 22 Post-war period: adoption practices ..................................................................... 25 Chapter 3 The experience of forced adoption ........................................................................ 29 Introduction .......................................................................................................... 29 Mothers' experiences of pregnancy in maternity homes ...................................... 32 Mothers' experiences of pregnancy at home and in the community .................... 39 Mothers' experiences of birth and hospitals ......................................................... 45 Consent ................................................................................................................. 54 Conclusion ............................................................................................................ 70 Chapter 4 Effects of forced adoption ...................................................................................... 71 Introduction .......................................................................................................... 71 The experience of adopted people ........................................................................ 71 v Conclusion ............................................................................................................ 94 Chapter 5 Commonwealth role: social security and benefits system .................................. 95 Introduction .......................................................................................................... 95 Commonwealth constitutional head of power (s 51(xxiiiA)) ............................... 95 Commonwealth social security legislation ........................................................... 96 Availability of information on Commonwealth social security benefits ........... 103 Analysis of the benefits available ....................................................................... 105 Chapter 6 Commonwealth role: development of model legislation ................................... 113 Introduction ........................................................................................................ 113 Initial adoption legislation in Australia .............................................................. 114 Model adoption legislation ................................................................................. 116 Commonwealth Role .......................................................................................... 128 Conclusion .......................................................................................................... 139 Chapter 7 Model adoption legislation: social welfare considerations ............................... 141 Introduction ........................................................................................................ 141 Preparation for the initial meeting of child welfare officers .............................. 141 Child Welfare Ministers' goals for model adoption legislation .......................... 145 Public debate about adoption law reform ........................................................... 148 Adoption legislation ........................................................................................... 152 Consent provisions ............................................................................................. 153 Adoptive parents ................................................................................................. 164 Private adoption agencies ................................................................................... 165 Record keeping and privacy ............................................................................... 169 Offences and Penalties ....................................................................................... 171 Discussion ........................................................................................................... 173 Chapter 8 The need for a national framework .................................................................... 177 Introduction ........................................................................................................ 177 Changes to adoption across Australia ................................................................ 178 vi Why a national framework? ............................................................................... 186 Suggested content of a national framework ....................................................... 189 Chapter 9 A national framework: apologising for past wrongs ......................................... 191 The need for an apology ..................................................................................... 191 What constitutes an effective apology ................................................................ 194 Apologies to date ................................................................................................ 195 What should be apologised for? ......................................................................... 200 Taking responsibility .......................................................................................... 208 Reparation through concrete measures ............................................................... 212 Conclusion .......................................................................................................... 213 Chapter 10 A national framework: counselling and support services ................................ 215 Introduction ........................................................................................................ 215 Need for counselling and mental health support services .................................. 215 Support Services ................................................................................................. 220 Chapter 11 Redress for former forced adoption policies and practices .............................. 233 Compensation ..................................................................................................... 233 Formal grievance and complaint mechanisms ................................................... 241 Legal avenues for redress ..................................................................................
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