The report “Suspicion of illegal conditions in adoptions from Chile to Denmark 1978-1988”

Source: Website of Ankestyrelsens
publication of 21-April-21

The National Board of Appeal has uncovered the historical adoption mediation cooperation with Chile in the years 1978 to 1988.

In the report, the National Board of Appeal concludes that, in the National Board of Appeal’s assessment, it cannot be ruled out that the adoption mediation from Chile to Denmark through AC Børnehjælp in the period 1978 to 1988 has been associated with illegal behavior in Chile.

• You can read the full report here (Danish written)

The investigation has taken place in continuation of a number of inquiries from adult adoptees from Chile who suspected that illegal actions had been taken in connection with their adoptions. The National Board of Appeal conducted an initial review of information about the adoptees who had approached the board. The National Board of Appeal then assessed that there was sufficient basis for assuming that the adoption agency from Chile could be associated with illegal behavior, and that there was a basis for initiating a general coverage.

On the basis of the National Board of Appeal’s assessment, Minister of Social Affairs and the Elderly Astrid Krag asked the National Board of Appeal to initiate a general coverage of adoptions from Chile to Denmark.

The purpose of uncovering a historical dissemination collaboration is first and foremost to ensure the adoptees’ right to their own history and to support the possibilities for assistance in this regard. Therefore, the National Board of Appeal has sought to provide knowledge about general conditions in the adoption agency from Chile in the period in question, including any illegal conditions.

The National Board of Appeal has also reviewed the information from a total of 31 specific cases of adoption from Chile, just as the National Board of Appeal has reviewed a report on illegal adoption practices, which the Parliament in Chile has published.

Finally, the National Board of Appeal has investigated whether there are authorities or organizations in Chile that the adoptees can contact if they want more information about their adoption case.

• Read about the National Board of Appeal’s competence and task of uncovering historical adoptions (Danish written)

Conclusions of the report

According to the National Board of Appeal’s assessment, it cannot be ruled out that the adoption mediation from Chile to Denmark through AC Børnehjælp in the period 1978 to 1988 has been associated with illegal behavior in Chile.

The National Board of Appeal has placed particular emphasis on:

• The information in the Chilean Commission of Inquiry’s 2019 report
• The deficient framework for international adoption in Chile in the period 1978 to 1988
• That the National Board of Appeal in connection with the review of information about the adoption agency has found an indication of irregularities in connection with the processing of the cases.

The National Board of Appeal points out that:

• It cannot be ruled out that methods for illegal removal of children have been used in Danish adoption cases. The methods of illegally removing children are described in the report of the Chilean Commission of Inquiry
• AC Børnehjælp was instructed by the organization’s contact person in Chile not to mention the dissemination of two private adoptions, as well as private adoptions in general, for the Chilean Ministry of Justice.
• Some children have been destined to travel to Denmark before they were actually matched with Danish applicants
• It cannot be ruled out that there have been financial incentives associated with the dissemination of the actors involved in Chile
• The criminal investigation in Chile has requested and received information about AC Børnehjælp’s contact person in Chile in connection with the investigation. The criminal investigation in Chile consists of a general investigation of illegal adoptions in Chile and of investigation in specific adoption cases
• The registrations on the children’s birth certificates are incomplete, because in several cases the biological parents are not listed, and the children in several cases have the surnames of the Danish applicants.
• That – to the extent that the case file shows that there is consent from the biological parents – it is not possible to unequivocally establish that the biological mothers or biological fathers were aware that their consent was given for adoption abroad .
• International adoptions from Chile to Denmark, carried out before 1988, were dealt with according to an inadequate set of rules that actually regulated another area of ​​law. An actual adoption sentence was thus not handed down in Chile, as the Danish applicants were only granted guardianship over the child.

Regarding the case processing in Denmark, the National Board of Appeal notes that:

• The adoption of the adoption permit in Denmark did not take place on the basis of a clear adoption decision from Chile, as the legislation in Chile, as stated above, did not regulate international adoptions, but guardianship.
• The Danish supervisory authorities in 1982 became aware that the orphanage with which AC Børnehjælp cooperated had a bad reputation, and that the Chilean embassy in 1999, at the request of the Chilean parliament, approached the Directorate of Civil Justice for information on 12 Chilean adopted children who came to Denmark in the period 1973-80. It does not appear from the case files reviewed that this information gave rise to supervisory reactions.

Result of the National Board of Appeal’s review of six specific cases

In connection with the uncovering, the National Board of Appeal has reviewed six specific adoptions, which have given rise to this uncovering.

It is not possible on the basis of the case documents to confirm or deny whether there have been illegal adoptions. A confirmation or denial will presuppose that the information in the individual case is compared with information from a biological family or other information from the specific processing of the case in Chile.

The National Board of Appeal has investigated which authorities and organizations in Chile the adoptees can contact if they want more information about their adoption case.

The National Board of Appeal can assist the adoptees with guidance and referral to these authorities and organizations. The information also appears on the National Board of Appeal’s website, where it will be updated regularly. 

• More about guidance and authorities

What is an illegal adoption?

Illegal adoptions and illegal conditions in adoptions are described in Danish law and in international law, among other things in the convention that is used in the field of adoption (The Hague Convention).

The Adoption Act defines an illegal adoption as an adoption where “someone who must give consent to the adoption, provides or receives remuneration or some other form of consideration, including payment for lost earnings” (Adoption Act § 15).

In the international context, an illegal adoption is referred to as an adoption that is the result of abuse, eg child abduction, sale of children or other illegal or illegal activities against children. Illegal relationships are defined as situations where the child has been adopted without respect for his or her rights. These situations can arise if a person, organization or authority directly or indirectly has:

• Given incorrect information to the biological parents
• Counterfeit documents about the child’s origin
• Is involved in child abductions, sales of or trafficking in children for adoption
• Have otherwise used fraudulent methods to carry out an adoption, regardless of the benefit obtained (financial gain or otherwise).

Last updated 21.04.2021