SAAM Recommendations & Core Circumstances

A Combined Voice...

A.1

Full Recognition of the Adult Adoptees of Scotland and their unique place in Scottish society and law. This recognition must extend beyond recognition of the harm done to first / birth mothers and also focus on the lasting harm done to adoptees and to the children, families, and other descendants of adoptees, in acceptance of the intergenerational harm, dislocation and trauma that is the legacy of historical adoption.

A.2

Acknowledgement of Mental Health Harms Various studies have confirmed the causal nature of infant and early childhood separation from the natural caregiver (first mother) in the experiences of childhood, adolescent and adult trauma, mental illness, and other impacts upon wellbeing. Adoptees are the only group in society expected to be grateful for the traumas they have suffered through no fault of their own. Relinquishment causes trauma and adoption causes trauma. Recognition that Adoption Severance is an Adverse Childhood Event and the cause of developmental and pre-verbal trauma which has been proven to adversely affect the developing brain and body. Such severance has further been proven to cause life-long complex difficulties, placing Adoptees at greater risk of suicide, mental health problems, sexual assault and other harms. Adoptees are statistically at far greater risk from adult predators perpetrating all form of abuse.

A.3

An Acknowledgement of the Role of Governments and State Offices, Statutory and Voluntary Organisations, and Religious Groups within Historical Adoption. Prior to the period under review by the Scottish Government, Scotland’s long and unique history of Common Law marriages (‘cohabitation with habit and repute’) and accompanying acceptance of birth outwith marriage was considered normal. Consequently, the period under review represents an aberration in Scottish history and Scottish society. Going against nature and nurture, the resulting losses of family history and kinship, and related losses of knowledge of and understanding of genetic, ethnic and cultural identity are a blight on Scottish history and deserve to be universally recognised as such. Such historic adoption practices caused and still cause dislocation, isolation and harm for adoptees throughout their lives.

A.4

Transparency of Birth Records and Adoption files. All legal and other documents relating to adoptions must be better regulated and be made suitable and free to access for all adoptees’ requirements. An Adoptee's right of access needs to be at the centre of any policy on record keeping and record sharing. Those identifying as late discovery adoptees or late cognisant adoptees require skilled and compassionate staff to signpost them from record offices to relevant and adequately resourced support services.

A.5

Responsibility for Medical Records and Medical Care Adoptees' needs must come first in the sharing of information. This must include an appreciation of the actual and potential physical and mental harm caused by lack of post-adoption information-sharing regulations. Scottish and Westminster governments have responsibilities to support adoptees in their rights to health and wellbeing and to end the health discrimination of adoptees.

A.6

Acknowledgement of the Lack of Support in Reconnection and the Need for this to Improve The majority of Adult Adoptees express interest in knowing more about or seeking to reconnect with their first families. We Adoptees can confirm that Page | 4 reconnection, while often deeply desired and long-sought, is a complex, highly emotionally-taxing process even when the Adoptee is responded to positively by first family. The reality is not what is popularised on television. For many Adoptees such reconnections are never possible due to multiple factors. Other reconnections fail or flounder due to the difficulties inherent in coping with trauma and multiple loss, and the emotions which accompany this for all parties involved. The best chance of reconnection is when appropriate supports are made available for both Adult Adoptees and first families, and also for adoptive families, as needed. Reconnections require both Holyrood and Westminster governments to take responsibility for supporting tracing and mediation services. The current lack of support available to adult adoptees amounts to a dereliction of moral and social responsibility and substandard conduct on the part of the state

A.7

Adoptees and Families Separated by Borders Many harms are caused by international adoptions. The supply of infants and young children from overseas to infertile couples in Scotland needs to be considered very carefully, with an acknowledgment of the risks of culturally blind and potentially unethical practices for all international adoptees. Studies confirm many Adoptees are adversely affected by international adoptions and inter-ethnic adoptions, and all face additional challenges due to their relocation. There needs to be a recognition of the role of Holyrood and Westminster Parliaments in supporting Adoptees' rights to gain access to their country-of-origin statehood and, where desired, to gain the fullest access to their country-of origin information possible.

A.8

The Negation of Lessons from Lifelong Data and Research Adoption is a system which has consistently failed to meet needs.. It is time for the Holyrood and Westminster Parliaments to look to the extensive research base on the psycho-social and physical impacts of adoption, to recognise the limitations of adoption, and set out to find ethical practices best suited to the care of children by the state. To fully support adoptees, this must be adoptee-led. It is time to assist first mothers, first fathers and adopted persons who have suffered the deeply damaging consequences of being forcibly or coercively separated from their child or parents and family. These historical adoption practices have caused trauma to mothers, fathers and the children they were separated from and continue to cause trauma to Adult Adoptees and intergenerational trauma to their children and grandchildren. Additional research is required to further understand and mitigate against the intergenerational harms and losses which are a consequent of adoptions.

A.9

A Future Promise: For historical adoption practices to become widely recognised as harmful to people and abhorrent to nature. The Scottish Government commits that it will not play a part in forced adoptions in future non-criminal and non-consensual situations. The Scottish Government will strive to ensure future generations will never again be harmed by such unethical and inhumane treatment as caused by forced historic adoption practices. For the Scottish Government to commit to meeting the fundamental human rights, as set out in the UN Convention on the Rights of the Child, including the right to be raised by one's parents, where those parents can be supported to care for the child.

The following 17 primary recommendations have been prepared in consultation by the members of the SAAM. The SAAM request a response on these recommendations as a matter of high priority and seeks an indicative timescale that will be used to respond to and resolve all the issues raised here. A set of commitments related to Scotland's Promise is given later in the main body of the document along with an In Memorial appeal. A further set of 9 secondary recommendations are shared in Appendix 1. Academic reviews of the impact of adoption, particularly forced historical adoption, are set out in Appendix 2

Recommendation 1
We recommend the Scottish Government specifically apologise to the adults, adopted as babies and children, who have been harmed by Historic Adoption Practices, recognising the violation of their fundamental human rights, against natural justice.

Recommendation 2
We further recommend the Scottish Government set up a structure to remedy harms done to adults adopted as babies and children through forced historical adoption and ensure such practices do not persist or recur.

Acknowledgement of Mental Health Harms
Recommendation 3
Government funding of sufficient free-to-access adoption- and trauma-aware counselling and therapy

Recommendation 4
Alternative therapeutic provision and choice of support for all adoptees

Transparency of Birth Records and Adoption Files
Recommendation 8
A secure national database of all Birth, Foster and Adoption records needs to be created to allow all the recommendations contained here to be fully enacted upon

Addressing Adoptee Losses of Family History and Identity
Recommendation 5
Governments must allow Adoptees the legal right to define their own identity, including the setting aside of an adoption order or the integration of birth certificates with adoption status.

Recommendation 6
Governments acknowledge and respond to all harm caused by the changes of identity to babies and children adopted.

Recommendation 7
Governmental recognition and support of international adoptees

Recommendation 9
The NRS or other data-holding body will store documents securely, but give full access to adoptees, allowing for full use of documentation. If adoptee identifying information is requested by first parents, safeguarding measure will be enacted and a period of protection and support provided for the adult adoptee and/or their descendants, as required.

Responsibility for Medical Records Recommendation 10
Increasing knowledge of inheritable medical conditions for adoptees via NHS planning systems

Recommendation 11
The Scottish Government must establish a better system in order to relay medical information from first parents.

Support in Reconnection
Recommendation 12
The Government must improve the current handling of adoption records, tracing and intermediary services with adult adoptee governance and oversight

Recommendation 13
Remove physical and economic barriers to reconnection and mitigate against harms done

Recommendation 14
Establishment of grievance mechanisms for the hearing of injustices.

Adoptees and Families Separated by Borders Recommendation 15
Governmental review of the practices and impacts of international adoption practices

Recommendation 16
Reduce the impact of separation by borders and cultural dislocation

Lifelong Data and Research
Recommendation 17
Flagging systems for adopted individuals and robust information sharing

secondary recommendations

Recommendation 2A
The Government should look to implement support systems, academic research and adaptive services to identify and address the impact of Adverse Childhood Experiences (ACEs), relating to historical adoption, upon Adult Adoptees.

Recommendation 2D
The Holyrood and Westminster Governments must provide a more robust information sharing systems for families of severance.

Recommendation 2F
The NRS or other data-holding body will store documents securely, but give full access to adoptees, allowing for full use of documentation. If adoptee identifying information is requested by first parents, safeguarding measure will be enacted and a period of protection and support provided for the adult adoptee and their descendants, as required

Recommendation 2B
Rehabilitation of Adult Adoptee Offenders

Recommendation 2C
Support for DNA Testing

Recommendation 2E
Open-book adoption records must become the norm, with protected information only withheld in the cases where more harm would be done to the adoptee were this to be shared, and with reference to adoptee preference and appropriateness to life stages and development.

Recommendation 2G
Four nation approach to information collection and data sharing to support adoptees

Recommendation 2H
Adult Adoptee oversight must be present in the improvement of the current handling of adoption records, tracing and intermediary services.

Recommendation 2I
Data to be collected for research into lifelong traumas

Promise to Create a Better Future for Adoptees In addition to the Primary Recommendations, the following commitments will support the delivery of Scotland’s Promise and make significant differences to all Adoptees whether or not they have been impacted upon by forced historical adoption injustices. The SAAM request a response on these commitments and an indicative timescale that will be used to consider all the points raised here

Promise to Create a Better Future for Adoptees In addition to the Primary Recommendations, the following commitments will support the delivery of Scotland’s Promise and make significant differences to all Adoptees whether or not they have been impacted upon by forced historical adoption injustices. The SAAM request a response on these commitments and an indicative timescale that will be used to consider all the points raised here:

(a) Abolish Non-consensual / Non-criminalised “Forced” Adoptions. A ‘Promised Future’ Framework is implemented to support training of all who are involved with adoption practice, with the aims of creating transparency and safety within adoptions and legal guardianships.

(b) The Holyrood Government will work harder to keep families together, and in contact when they cannot be together. Siblings, regardless of care status, must remain in regular contact unless for the purposes of extreme safeguarding. Kinship care must be the first route explored when a child or infant is unable to be adequately cared for by a first parent who has been in receipt of the appropriate support for a monitored and appropriate length of time.

(c) The use of permanency orders is to be explored as an ethical practice, and an improvement upon adoption, taking guidance from around the world and from experts in childcare. All Adoptees must know of their care status from the earliest possible age and be afforded the means to understand the evidence of the likely impact of adoption on their developmental challenges. Devastating experiences of Late Discovery Adoptees or Late Cognisance Adoptees will become footnotes in history and never again will an adoption or guardianship be withheld from the person it relates to.

(d) A ‘Promised Future’ Framework is implemented to support training of all who are involved with adoption practice, with the aims of creating transparency and safety within adoptions and legal guardianships.

(e) Following an adoption order, Adoptees must be supported, and their adoptive parents also supported, to ensure the child’s experiences of developmental trauma and loss are built into the care, education and support that the child and family receives. This will include the recognition that all Adoptees are care-experienced people and require to be appropriately supported as such. All Adoptees to be provided with a care passport which will assist them and the support services they encounter to provide positive Adoptee-centric care.

(f) Ongoing checks, monitoring and age- and role-appropriate mentoring must be carried out, especially for Adoptees during the pivotal pre-teen and teenage years into young adulthood, and also for their adoptive parents.

g) Education, NHS and Children’s Services should seek to clarify, record and make positive use of Adoptee status to improve the Adoptee-centric care and support given, and should never assume ‘kept’ status.

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SAAM Recommendations & Core Circumstances

Recommendation 1 We recommend the Scottish Government specifically apologise to the adults, adopted as babies and children, who have been harmed by Historic Adoption Practices, recognising the violation of their fundamental human rights, against natural justice.

Recommendation 2 We further recommend the Scottish Government set up a structure to remedy harms done to adults adopted as babies and children through forced historical adoption and ensure such practices do not persist or recur.

Acknowledgement of Mental Health Harms Recommendation 3 Government funding of sufficient free-to-access adoption- and trauma-aware counselling and therapy

Recommendation 4 Alternative therapeutic provision and choice of support for all adoptees

Transparency of Birth Records and Adoption Files Recommendation 8 A secure national database of all Birth, Foster and Adoption records needs to be created to allow all the recommendations contained here to be fully enacted upon

Addressing Adoptee Losses of Family History and Identity Recommendation 5 Governments must allow Adoptees the legal right to define their own identity, including the setting aside of an adoption order or the integration of birth certificates with adoption status.

Recommendation 6 Governments acknowledge and respond to all harm caused by the changes of identity to babies and children adopted.

Recommendation 7 Governmental recognition and support of international adoptees

Responsibility for Medical Records Recommendation 10 Increasing knowledge of inheritable medical conditions for adoptees via NHS planning systems

Recommendation 11 The Scottish Government must establish a better system in order to relay medical information from first parents.

Support in Reconnection Recommendation 12 The Government must improve the current handling of adoption records, tracing and intermediary services with adult adoptee governance and oversight

Recommendation 13 Remove physical and economic barriers to reconnection and mitigate against harms done

Recommendation 14 Establishment of grievance mechanisms for the hearing of injustices.

Adoptees and Families Separated by Borders Recommendation 15 Governmental review of the practices and impacts of international adoption practices

Recommendation 16 Reduce the impact of separation by borders and cultural dislocation

Lifelong Data and Research Recommendation 17 Flagging systems for adopted individuals and robust information sharing

Recommendation 2A The Government should look to implement support systems, academic research and adaptive services to identify and address the impact of Adverse Childhood Experiences (ACEs), relating to historical adoption, upon Adult Adoptees.

Recommendation 2D The Holyrood and Westminster Governments must provide a more robust information sharing systems for families of severance.

Recommendation 2B Rehabilitation of Adult Adoptee Offenders

Recommendation 2C Support for DNA Testing

Recommendation 2E Open-book adoption records must become the norm, with protected information only withheld in the cases where more harm would be done to the adoptee were this to be shared, and with reference to adoptee preference and appropriateness to life stages and development.

Recommendation 2G Four nation approach to information collection and data sharing to support adoptees

Recommendation 2H Adult Adoptee oversight must be present in the improvement of the current handling of adoption records, tracing and intermediary services.

Recommendation 2I Data to be collected for research into lifelong traumas