Human rights and the Adoption Act 1988 (SA): A vacation scholarship report with a reform agenda

By Haylee Grant, UniSA Vacation Scholarship Recipient

In November 2024, I began a vacation research scholarship at the University of South Australia, collaborating with Associate Professor Dr Sarah Moulds from the Rights Resource Network and adoptee Sharyn White from Adoptee Rights Australia. The scholarship project sought to critically examine the Adoption Act 1988 (SA) through a human rights lens, identifying where legislative reform is urgently needed. What began as an academic research project soon became an eye-opening journey that reshaped my understanding of law, human rights and the lived realities of adoptees.

Before beginning this project, my understanding of adoption was limited, largely influenced by depictions in pop culture that presented adoption through oversimplified or idealised narratives. I had never examined the complexities of adoption law, nor had I considered how adoptees navigate issues of identity, autonomy, and legal recognition throughout their lives. Learning about adoption in South Australia meant starting from scratch, and I quickly realised that many of my assumptions were either incorrect or incomplete. I had not previously considered the lifelong implications of adoption, the legal barriers adoptees face, or how adoption laws often prioritise the needs of adoptive parents and birth families over the rights of adoptees themselves.

I was drawn to this project due to my background in social work and child protection, where I have witnessed first-hand the vulnerabilities of children and the systemic challenges that adoption seeks to address. However, my experience also led me to question whether South Australia’s current adoption framework truly upholds the rights and long-term well-being of adoptees.

Adoption is not merely a childhood event, it has lifelong implications for identity, autonomy, and access to fundamental rights. Yet, the legal framework underpinning adoption predominantly conceptualises adoptees as children, often failing to acknowledge their evolving needs and rights in adulthood.

To examine the Adoption Act 1988 (SA) from a human rights perspective, I engaged in statutory and legislative analysis, comparing its provisions against key international instruments, including the United Nations Convention on the Rights of the Child (UNCRC) (1989) and the International Covenant on Civil and Political Rights (ICCPR) (1966). Using the United Nations Economic and Social Council’s Siracusa Principles (1984), I assessed whether the legal limitations imposed by the Act were necessary, proportionate, and justifiable under international human rights standards.

My analysis focused on six key areas:

1. Information access & privacy: Do the provisions governing personal information under the Adoption Act 1988 adequately protect and promote adult adoptees' human rights?

2. Decision review & oversight: Are decisions and powers exercised under the Adoption Act 1988 subject to sufficient oversight and legal remedies to uphold adoptees' rights?

3. Conceptualisation of adoptees: How does the Act define adoptees, and what are the human rights implications?

4. Consent: How is consent understood in the Act, and how does this affect adoptees’ rights?

5. Discharging adoption orders: Does the process for discharging adoption orders protect and promote adult adoptees' rights?

6. Closed court procedures: Are the closed court provisions in section 24 appropriate from a human rights perspective?

   
   

The research reveals significant tensions between the Adoption Act 1988 (SA) and human rights principles. One of the most concerning issues is the infantilisation of adult adoptees, with the Act assuming that adoptees remain vulnerable and in need of protection throughout their lives. While prioritising the best interests of the child is essential, this approach has inadvertently resulted in paternalistic legal barriers that restrict adult adoptees’ rights to autonomy, identity and self-determination.

The research also reveals several additional issues, including adoptees’ conditional access to information about their origins with limited oversight and review mechanisms; harsh restrictions and potentially severe penalties for sharing personal narratives; and the problematic nature of requiring consent for a life-altering decision before adulthood. Moreover, the legal procedures for discharging adoption orders are restrictive and invasive, while closed court procedures limit transparency, deprive adoptees of insight into the decisions that have shaped their lives, and hinder the identification of systemic issues. Ultimately, although the Act was designed to protect vulnerable children, it fails to recognise adoptees as rights-bearing individuals throughout their lives.

In response to these findings, the report puts forward several recommendations for legislative reform, the most significant of which is a moratorium on adoptions as a transitional measure while pursuing the broader goal of phasing out adoption entirely in favour of alternative family care models. South Australian adoption laws are inherently incompatible with full compliance with human rights principles. It is clear that proponents of the Act were genuinely motivated by a desire to protect and promote the rights of vulnerable children. However, despite ongoing efforts to align the Act with the principles established in the UNCRC (1989) and the ICCPR (1966), it ultimately falls short of protecting the rights of adopted individuals. A moratorium would acknowledge these limitations and aim to prevent further harm while creating space to develop alternative systems of care that better align with contemporary human rights standards.

Meeting adoptee Sharyn White was one of the most impactful aspects of this journey. Her lived experience provided invaluable insight into the realities of adoption, challenging and deepening my perspective. I am truly honoured to have had her guidance throughout this process. Hearing Sharyn’s story underscored that reforming the Adoption Act is not just about legal technicalities; it is about understanding and respecting the human stories behind the legislation.

This perspective was reinforced by the abundance of literature I reviewed, which frequently featured the deeply moving and, at times, heart-breaking stories of adoptees. This experience has strengthened my commitment to social justice, human rights and ensuring that laws and policies prioritise the voices of those most affected.

This research scholarship has been more than an academic opportunity; it has transformed my understanding of law and deepened my passion for social work, research, and systemic change. I have gained invaluable skills in statutory analysis, legislative critique, and human rights application; more importantly, I have learned the power of listening to the voices of those most affected by legislation. Through collaborative work that brought together disciplines and considered the lived experiences of adoptees, I recognised that social work and law, while separate fields, must work together to create change. I also came to appreciate the complexities of operating within the legislative space, where competing interests and technical challenges demand thoughtful, innovative reform. While we cannot change the past, we can and must change the future to recognise and protect the rights of adult adoptees. I hope this research sparks meaningful conversations, challenges outdated assumptions and contributes to a future where adoptees’ rights are genuinely upheld.

You can access a copy of Haylee's Report here.