The Evolution of Adoption Attitudes and Laws.
Examining Ownership and the Adoption of Children’s Bill in Western Australia 1896–2022.
Adoption has been a common practice for many years, but the attitudes and laws surrounding it have not evolved with the changing times. The lack of evolution has led to many challenges for adoptees and their mental health. In this article, we will explore two critical issues related to adoption in Western Australia — the ownership of children and the Adoption of Children’s Bill of 12th August 1896 — and examine the announcement of a parliamentary inquiry into forced adoptions. Finally, we will present two solutions that could ease the burden on adoptees and their mental health.
The Issue:
Ownership of Children: In the past, children were considered the property of their parents. This notion of ownership led to the belief that parents had the right to do whatever they wanted with their children. The ownership of children was also the reason why birth certificates did not state the correct relationship between guardians and birth parents. Instead, they removed any mention of biological family and implied that the adoptive family gave birth to the adoptee. This practice made it easier for adoptive parents to hide the fact that their child was adopted. Unfortunately, this standard policy still exists in today’s adoptions.
The Adoption of Children’s Bill of 12th August 1896 was introduced in Western Australia to regulate the adoption process. The bill was designed to ensure that adoptions were in the best interests of the child and that the process was transparent. It required that anyone wishing to adopt a child had to apply to the Supreme Court, which would then investigate the circumstances and make a decision based on the best interests of the child. However, the bill did not take into account the feelings or desires of the birth parents or the child, and as a result, many adoptions were forced. This lack of consideration for the birth parents and the child’s wishes is a clear indication of how attitudes towards adoption have not evolved.
Parliamentary Inquiry into Forced Adoptions: In 2022, the Western Australian Government announced a parliamentary inquiry into forced adoptions. The inquiry aimed to investigate the experiences of people affected by forced adoptions in Western Australia and examine the impact of these practices on their lives. The inquiry is an important step towards recognizing the trauma that many adoptees have experienced and acknowledging the wrongs of the past.
Solutions:
There are two solutions that could ease the burden on adoptees and their mental health. Firstly, birth certificates should state the correct relationship between guardians and birth parents. This change would remove the implication that the adoptive family gave birth to the adoptee and make it harder for adoptive parents to hide the fact that their child was adopted. Secondly, there should be ease of access to no-fault, no-fee discharges, so those of failed adoptions like myself are able to return to their family of origin. This would avoid going through extreme, unnecessary trauma, time and time again through lengthy, excessively expensive court proceedings. These solutions would help ensure that adoptees are treated fairly and their mental health is not compromised.
The attitudes and laws surrounding adoption have not evolved with the changing times. The ownership of children and the Adoption of Children’s Bill of 12th August 1896 in Western Australia are clear examples of this. However, the announcement of a parliamentary inquiry into forced adoptions is a step towards acknowledging the trauma that many adoptees have experienced. It is important to recognize the wrongs of the past and work towards solutions that will ease the burden on adoptees and their mental health.
The lack of consideration for the birth parents and the child’s wishes in the Adoption of Children’s Bill of 12th August 1896 is a clear example of how adoption laws have historically eliminated the sovereignty of adoptees and their biological families. By treating children as property and disregarding their wishes and best interests, adoptees were denied their fundamental human right to self-determination and identity. However, by implementing solutions that prioritize adoptee rights and mental health, we can begin to rectify the past and create a more just and equitable adoption system that respects the sovereignty of all parties involved.
The issues surrounding adoption that have been highlighted in Western Australia are not unique to that region. They are global issues that affect adoptees, birth parents, and adoptive families all over the world. Therefore, it is important for other states to address these issues with the same urgency and seriousness.
The trauma and challenges that adoptees face can have lifelong effects on their mental health and well-being. It is essential that other states recognize this and take steps to ensure that their adoption laws and attitudes are up to date with the changing times. By doing so, they can help to reduce the burden on adoptees and their families and prevent further harm.
Moreover, the issues surrounding adoption often touch on issues of human rights, child welfare, and family law. Therefore, it is crucial for other states to address these issues to protect the rights and well-being of children, birth parents, and adoptive families. Failure to do so can result in the loss of sovereignty for adoptees and their families and can lead to further trauma and harm.
A matter of urgency
The need and urgency for other states to address the issues surrounding adoption cannot be overstated. It is crucial for them to take steps to ensure that their laws and attitudes are up to date with the changing times and that the rights and well-being of adoptees, birth parents, and adoptive families are protected. By doing so, they can prevent further harm and ensure that adoptees and their families can live healthy and fulfilling lives.
