After 50 years of silence, victims of Scotland’s forced adoption scandal demand redress
The Scottish Government must compensate the victims of the forced adoption scandal, now that it has accepted responsibility, a leading lawyer has said.
Experts say the injustice of taking babies from their mothers simply because they were not married compares with the harm caused by both the infected blood and in-care abuse scandals.
Solicitor Advocate Patrick McGuire, who heads negligence firm Thompsons Solicitors, told a round table inquiry in the Scottish parliament last week: “When Former First Minister Nicola Sturgeon delivered the forced adoption apology last year on behalf of the state, she accepted responsibility for what happened.
“Accepting that responsibility comes with the unanswerable requirement to create a redress scheme to help victims recover from the trauma and harm they suffered.”
Forced adoption scandal
Calling on victims to ditch the guilt cruelly imposed upon them for over 50 years, McGuire said: “The forced adoption scandal saw vulnerable women shamed into silence for decades, an unjust shame which remains a factor today over why so many still have not felt able to come forward to seek justice.”
McGuire, whose expert team has been investigating the injustice and human rights abuses inflicted upon Forced Adoption victims until the practice was halted in the late ’70s, said all those involved suffered lifelong harm.
Bullied, threatened with jail if they tried to find their children, and lied to over their legal rights, he warned the psychological damage inflicted upon 60,000 mothers, their children and families is still causing trauma today.
© Andrew CawleyOn behalf of the Scottish Government, former First Minister Nicola Sturgeon delivered an unreserved apology in March 2023. She said: “Ultimately, it is the state which is morally responsible for setting standards and protecting people. As modern representatives of the state, I believe we – among others – have a special responsibility to the people affected. We have a responsibility to do whatever we can to support them, in dealing with the legacy of what happened.”
She added: “The issuing of a formal apology is an action governments reserve for the worst injustices in our history. Without doubt, the adoption practices which prevailed in this country for decades fit that description.”
McGuire said: “Forced adoption shares hallmarks with the infected blood scandal and the thousands of children in care who suffered appalling sexual and physical abuse decades ago in residential school and homes.
“Individuals were treated inhumanely decades ago, in circumstances that were ultimately the responsibility of government.
“The government recognised their responsibility in the formal apologies which followed, just as they did for forced adoption.
“Forced adoption victims have been shamed into silence for decades, and that unjust shame remains a factor today over why so many victims still have not felt able to come forward to seek justice.”
‘No excuse’
McGuire, who has championed victims harmed by exposure to deadly asbestos, mesh-injured patients and bereaved families in the hospital inquiry, told MSPs there is “no excuse” for the Scottish Government to delay delivering redress to forced adoption victims.
He said: “As they did in both the infected blood and in-care abuse scandals, Westminster and Holyrood decided, purely on the basis of a moral case, to create compensation schemes after recognising their responsibility for what happened. The Scottish Government already have the blueprint for redress schemes. They must proceed without delay.
“Without The Sunday Post exposing this dark, hidden episode in Scotland’s history, the victims of forced adoption would have continued suffering some of the worst examples of injustice I’ve ever encountered.
“It’s deeply upsetting so many mothers who had their babies taken from them have passed away without getting justice.
“That is why it is incumbent upon the government to do the right thing as a matter or urgency. The scandal becomes ever more shameful as time passes and more victims are denied justice for something which never should have happened.”
The campaign
Supported by MSPs Monica Lennon and Miles Briggs, campaign group Forced Adoption Scotland, who secured the apology, is calling on victims to put aside the shame unjustly forced upon them to come forward and seek redress.
© Andrew CawleyCampaigner Marion McMillan, 74, said: “We’ve been silenced for over 50 years. Our legal and human rights were taken from us at the same time our babies were torn from our arms and given to married couples as we wept.
“Times have changed so radically; we recognise how difficult it must be for people today to fully understand what was done to us. We were terrified of authority, threatened with being thrown in jail if we tried to find our babies. We were told we were worthless, not fit to be mothers simply because we fell in love outside of marriage.
“Nobody at Forced Adoption Scotland made a lifestyle choice to give their baby up. If what was done to us was attempted today, those responsible would be behind bars. The Scottish Government did the right thing by delivering a formal apology. But since then, they’ve failed to engage with Forced Adoption Scotland and failed to keep the promises they made to our mothers, adoptees and families who have suffered unbearably.
“Because of those failures, we believe the only way forward now is for a redress scheme. We need funds to pay for the specialist support and counselling to repair the damage done to us.”
Forced Adoption Scotland adoptee Marjorie White, 73, said: “After recognising the harm done to us, the Scottish Government then tried to do things on the cheap by funding counselling services from inexperienced groups with no experience of dealing with the kind of the trauma we suffered.
“At the same time, experienced trusted organisations like Birthlink have not been given adequate government funding to provide the support and services we need, and they are best at delivering.
“When Nicola Sturgeon delivered the formal apology, we were full of hope that after decades of silence and pain, at last our suffering would end and the wrongs of the past would finally be recognised.
“She promised all victims would get the help and support we needed to recover from the harm we suffered, the trauma of having our identities taken from us and the years of searching and never getting answers because the adoption system prevented us.
“But after she stepped down as First Minister, those who were supposed to keep the promises she made failed us dismally. In fact, the blundering attempts they made to provide support which was entirely unsuitable have caused even further damage. That is unforgivable.
“Government ministers and officials have made little or no attempt to work alongside Forced Adoption Scotland despite our decades long fight for the formal apology and our success achieving it.
“Our group contains members from every side of the adoption scandal, but there has been no consultation with us. Adoptees in particular have been left out of discussions. We all matter. We all suffered lifelong harm and distress.
“I have spent much of my adult life receiving counselling for what was done to me, and I have trained as a counsellor so in effect I could try and heal myself. When I compare the quality of the services the government are offering, I have more experience than those being paid public money to supposedly help us. It’s unacceptable.”
The Scottish Government said: “Our deepest sympathies are with the mothers, adoptees and families who have endured immense pain and suffering as a result of these unjust practices.
“We recently held sessions with mothers and adoptees. We are taking forward actions based on these discussions, and we continue to fund the charity Health in Mind to offer specialist support to those affected by historic adoption.”
If you’re a victim, you can contact Forced Adoption Scotland on Facebook and Thompsons Solicitors Scotland on 0800 0891 331 or on WhatsApp. The Sunday Post’s chief reporter is Marion Scott – mascott@sundaypost.com
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