Suspicion of illegal conditions in adoptions from Chile to Denmark mark

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1 Page 1 April 2021 Suspicion of illegal conditions in adoptions from Chile to Denmark mark

2 Page 2 2 Table of Contents CHAPTER 1 INTRODUCTION AND PURPOSE Background to the study Purpose of the study Procedure the context today The context in 1978 to The National Board of Appeal's competence and reaction possibilities Structure of the report 12 CHAPTER 2 CONCLUSION 14 CHAPTER 3 INFORMATION BASIS Parliamentary inquiry from Chile Information from DIA The legislation of the time in Chile Cooperation with foreign authorities and organizations Review of specific and general cases 19 CHAPTER 4 GENERAL INFORMATION ON THE ADOPTION DISSEMINATION FROM CHILE TO DENMARK 1978 TO The Danish dissemination cooperation with Chile The Danish authorities' supervision of the adoption agency Information from the parliamentary inquiry from Chile 27 CHAPTER 5 LIGHT OF THE BOARD OF APPEALS OF AC CHILD AID ADOPTION COMMUNICATION FROM CHILE The legal basis for the adoptions The financial aspects of the adoptions Information about the child before the adoption Actors in the adoption process 38 CHAPTER 6 THE SEARCH FOR BIOLOGICAL GENEALOGY IN CHILE Sename 41

3 Page The Criminal Investigation in Chile Chilean Adoptees Worldwide Nos Buscamos Opportunities for help in Denmark 44

4 Page 4 4 CHAPTER 1 Introduction and purpose 1.1 BACKGROUND TO THE SURVEY In the spring of 2020, the National Board of Appeal received six inquiries from adults adopted from Chile, all of whom suspect that there something illegal has happened in connection with their adoptions. The adoptions were carried out from Chile to Denmark in 1978 and Based on the adoptees' suspicion that has been committed illegal circumstances in their cases, they have asked the National Board of Appeal to investigate their adoption cases. The National Board of Appeal initially made an assessment of the information available to the Agency, including the specific ger. It was then the National Board of Appeal's assessment that there was sufficient basis for assuming that the adoption agency from Chile could be associated with illegal conduct and hence to launch a general coverage. Minister of Social Affairs and the Interior (now Minister of Social Affairs and the Elderly) Astrid Krag asked in September 2020, on the basis of the assessment, the National Board of Appeal to initiate a general coverage of adoptions from Chile to Denmark. The Minister asked also the Agency to be informed of the outcome of the nerelle cover. 1.2 PURPOSE OF THE INVESTIGATION The purpose of this coverage of the historical adoption mediation cooperation with Chile in the years is first and above all to ensure the adoptees' right to their own history and to support the possibilities for assistance. Therefore, Ankestysought to provide knowledge in the present coverage on general conditions in the adoption service of Chile in the applicable period, including any unlawful conduct. At the same time, the Agency has reviewed the information from a total of 31 specific cases of adoption from Chile, including the 6 cases which caused the hedging. Finally, the National Board of Appeal has investigated whether there are authorities or organizations in Chile to which the adoptees may refer turn to if they want more information about their adoption case. The National Board of Appeal has compared the information on the dissemination of the information in the 31 specific cases, which the Agency has reviewed (see Chapter 3).

5 Page 5 5 Since the general coverage of the adoption agency from Chile and the six specific adoption cases in which the National Board of Appeal has Inquiries received, however, relate to matters more than 40 years ago, however, it is only to a limited extent make it possible to establish what has actually happened in the cases. 1.3 PROCEDURE In the general coverage, the National Board of Appeal has chosen to focus on the dissemination carried out through AC Børnehjælp - one of the then adoption mediation organizations. AC Child Welfare accounted for the vast majority of the dissemination Chile to Denmark in the period 1977 to The six adoption cases about which the National Board of Appeal has received inquiries adopted, are all handled by AC Børnehjælp. The National Board of Appeal has chosen to focus on the period from 1978 to This is because it is the National Board of Appeal's assessment that the maturations of any illegal conditions in adoptions from Chile to Denmark in particular focuses on the time before a new one adoption law was passed in Chile, i.e. before In addition, was it during the period that AC Børnehjælp mediated the most adoptions from Chile. A review has also been made of the Danish supervisory authorities' general cases concerning the dissemination from Chile in 1970s and 1980s. 1 The Danish Appeals Board, as the Danish authority, cannot investigate dispositions of foreign authorities and is therefore referred to relate exclusively to the Danish adoption agency ling. The review is based on the documents and information available on AC Child Welfare's handling of adoption from Chile, and about the then adoption authorities who at that time, the Ministry of Justice, the Adoption Board and the current state counties and counties. Information about AC Børnehjælp is obtained via archives in Danish International Adoption (DIA). The information that the then adoption authorities were in possession of, is obtained via the National Board of Appeal's archives and The National Archives. In addition, information provided by the Chilean 1 These are cases found in physical archives via journal plans. The archives have in peperiod has been in the custody of various authorities, and with the limited similarities, it cannot be entirely ruled out that there are other matters of importance. Page 6

6 Page 6 6 own studies that have been available and information from other central authorities and international organizations organizations involved in the review. The National Board of Appeal has followed guidelines for handling thought of illegal conditions in adoption cases that have been prepared by the National Board of Appeal and joined by the Ministry of Social Affairs and the Elderly. Right- The guidelines are attached as Annex 1. The guidelines only include the investigation of suspicion illegal circumstances in one or more adoption cases from the current collaborations of former or previous organizations with issuers countries. 1.4 THE CONTEXT TODAY The Hague Convention The Hague Convention of 29 May 1993 on the Protection of Children and whether cooperation in international adoptions is the overall international set of rules governing the international cooperation on adoption and puts an overarching standard for the framework and content of the adoption process. Today 101 states have ratified the Convention which entered into force in Denmark, 1 November As this coverage deals with AC Børnehjælp's dissemination in the period from 1978 to 1988, both the specific adoption and the adoption mediation in this coverage took place, before the rules of the Hague Convention on International Adoption was prepared. The Convention lays down the framework for all adoptions taking place across national borders. This means that Denmark as a Contracting State is obliged to ensure that international adoptions take place in accordance with the Convention principles. According to the Convention, there should be a structure and a set of rules, which can support compliance with the principles of the Convention in all adoption cases, as long as it is possible to make an adoption from abroad to Denmark. The overall purpose of the Convention (Article 1 of the Convention) is, to Page 7 7

7 7 establish guarantees to ensure that international adoptions place in the best interests of the child and with respect for the rights recognized in international law, establish a system of cooperation between the Contracting in order to ensure compliance with these rights to prevent child abduction, sale or trafficking with children, and ensure the recognition by the Contracting States of adoptions carried out under the Convention Central authority In Denmark, the National Board of Appeal is the central authority Convention. The National Board of Appeal has as central authority among the second task is to take all appropriate measures to safeguard any practice that is contrary to the purpose of the Convention (Article 8 of the Convention). In today's international regulation of the field of adoption there is developed definitions of illegal adoptions and illegal behavior in in connection with adoption. Such definitions were not written down in the 1970s and onwards to the 1990s. A suspicion of illegal activity in international adoption cases are today considered to exist in situations where there are thought that the rights of the child have not been respected, eg. by one or more provisions of the Hague Convention whether international adoptions have been disregarded. A suspicion may also be based on the fact that the adoption has not followed the rules and procedures in force at the time either in the donor country or in Denmark. The following definition of an illegal adoption is provided in Guide to Good Practice 2 from 2008 (an interpretative contribution to the Haagerkonventionen): 2 Guide to Good Practice No. 1, the Implementation and Operation of the 1993 Hague Intercountry Adoption Convention, (Guide to Good Practice is a project of post-convention support initiated by the Permanent Bureau for the purpose of assisting States (whether or not already Contracting States) with the practical implementation of the Convention, in a manner which achieves the objects of the Convention, namely, the protection of children who are adopted internationally) Page 8 8

8 ILLEGAL ADOPTION An adoption that has been or should be legalized, but which is the result of abuse, such as child abduction, sale of children, traffic of children, and other illegal or illegal activities teter against children. This is one of the main purposes of Haa- Convention to prevent such abuses. ILLEGAL CONDITIONS OR ILLEGAL BEHAVIOR Situations where a child has been or will be adopted without respect for its rights or for the nens guarantees. Such situations can arise if one person or an organization / authority directly or individually have provided incorrect information to the biological older, forged documents about the child's origin, are involved in child abduction, sale of children or trafficking with children for the purpose of adoption or otherwise have used fraudulent methods to carry out an adoption regardless of the benefit obtained (economic gain or other) Danish legislation An illegal adoption is described in the Adoption Act as follows: Adoption cannot be granted if someone who is to submit thick for the adoption, provides or receives remuneration or any other form of compensation, including payment for lost work profit (section 15 of the Adoption Act) Supervision and accreditation In today's adoption system, the supervision of adoption completely different than in the 1970s and 1980s. Today, the National Board of Appeal closely monitors the mediator organization, DIA. The audit consists of i.a. in ensuring that the implemented with the assistance of DIA is ethical and professional sound and in accordance with the Hague Convention and the rules in the issuing country and in Denmark. At the same time, DIA is subject to the accreditation in force at any given time. terms and conditions with which the organization has agreed The National Board of Appeal. In order to obtain accreditation, it is i.a. a requirement that the organization has an in - depth knowledge of the legislation and 3 Australian Discussion Paper, Co-operation between Central Authorities to develop a common approach to preventing and addressing illicit practices in intercountry adoption cases, October 2012 Page 9 9

9 basic principles in the field of adoption in Denmark and in the countries they work with, as well as in-depth knowledge to the principles in i.a. The Hague Convention and the UN Convention on the Rights of the Child vention. The main elements of the supervision of DIA were legislated in A key instrument in supervision is the Danish authorities' approval of all concrete matching proposals. The National Board of Appeal review the child's background information to ensure that the case has followed the applicable rules in the individual issuing country in accordance with the main principles of the Hague Convention about: that the adoption takes place on a legal basis that international adoption is the only option for a family lie-based upbringing for the child that the adoption does not take place financially or otherwise gain in mind for the actors involved 1.5 THE CONTEXT IN 1978 TO The organizations' co-operation with foreign countries In the period 1978 to 1988, to which the hedging relates, they could intermediary organizations in Denmark after notification to the Danish authorities cooperate with various authorities and organizations in e.g. Chile on international adoption. Against this background, AC Børnehjælp could enter into a dialogue with them various authorities and organizations in Chile on the specific conditions for the placement of children in Denmark without a right approval of the cooperation from the Danish authorities page Processing of the adoption case in Denmark In the Danish authorities' processing of a matching battles from abroad there was in the period from 1978 to 1988 a major focus on the information about the child's health and mental health social conditions than on the information on the release of barnet. The information about the child's health and psychosocial conditions and whether the release was nevertheless during this period more sparse than the information provided by the Danish receive in the cases today. In relation to information about release, the Danish authorities only checked the the authenticity of the ment. Page THE COMPETENCE OF THE APPEALS BOARD AND REACTION OPPORTUNITIES

10 OPPORTUNITIES The National Board of Appeal's competence in pending adoption onssager The National Board of Appeal is - both as a central authority and as a supervisory authority in the field of adoption - obliged to ensure that international adoptions take place in accordance with principles of the Convention. If there is a suspicion of illegal activity in a case of international adoption, the National Board of Appeal must take take all appropriate measures to counteract these illegal team. The National Board of Appeal's approval of all matching proposals in under Article 17c of the Hague Convention is one of the measures which concretely contributes to ensuring compliance with the Convention in each individual adoption case (see chapter 1.4.4) The National Board of Appeal's competence in historical adoption cases The Hague Convention does not address the handling of suspicions on illegal matters in already completed adoption cases. IN However, it is the preamble to the Hague Convention, among other things mentioned that the Contracting States undertake to provide rules that respect the principles of the UN Convention on the Rights of the Child 4. It appears from Article 7 of the UN Convention on the Rights of the Child that Denmark is obliged to ensure the child's right to know his parents. And According to Article 8 of the Convention on the Rights of the Child, Denmark is also obliged to respect the child's right to preserve his identity and provide appropriate assistance and protection in order to quickly restore the child's identity. Article 8 was worded on the basis of a proposal from the tina as a result of systematic illegalities associated with adoptions carried out under the military dictatorship regime in gentina in the period Thus, in the UN Convention on the Rights of the Child vention a direct link to the handling of illegal activities in in connection with adoption. Despite the fact that the Hague Convention does not mention the handling of suspicions of illegal activities in already completed adoptions cases (historical adoption cases), however, there is much that in today points in the direction of international bodies such as UNICEF 4 Denmark acceded to the UN Convention on the Rights of the Child in Page and the Permanent Bureau 5 consider it to be the obligation to act on illegal matters in already implemented adoption cases and that this obligation goes back a long way.

11 The National Board of Appeal has therefore prepared the guidelines mentioned above. you The National Board of Appeal's reaction possibilities in case of suspicion on illegal matters in a specific adoption case When the National Board of Appeal receives an inquiry with suspicion illegal circumstances in an adoption case or otherwise becomes aware of this, the National Board of Appeal will review the in the specific case for a preliminary assessment of whether there is information that may indicate illegal conditions. That may be about completed adoption cases from both active and historical dissemination collaborations. In cases dating back many years, the number of documents information in the documents about the child and the child background from the donor country often sparse. When an adoptee contacts the National Board of Appeal to get information about its case, the Agency may therefore, as a point alone describe the facts of the case on the background of the information in the case, possibly supplemented by information on the procedures in place at that time. point was applicable to the specific issuing country. If there is reason to believe that the adoption agency have been associated with illegal conduct will the National Board of Appeal be able to launch a general investigation. The board also has the opportunity to refer the adoptees (and any other interested parties) to DIA, which provides assistance in gene by biological lineage in the donor country. The National Board of Appeal can also guide the adoptees about the others existing opportunities according to the Danish rules on adoption the area: The possibility of support in the form of counseling, PAS (Post Adoption Service) at the National Board of Appeal 5 The Permanent Bureau is described on their website as: The World Organization for cross-border cooperation in civil and commercial matters. That The Permanent Bureau in The Hague includes for the interpretation of the Hague Convention on ternational adoption. Page The possibilities for applying for revocation of adoption or try to have the adoption declared invalid. It is the rules of the country that have decided adoption, which determines whether the adoption can be revoked or declared invalid.

12 The National Board of Appeal will also be able to refer the adopted to the central authority of the Member State or any other or organizations for additional assistance after the donor its rules or in agreement with those authorities. In relation to any other possibilities in Denmark within other areas of law (for example, criminal law or the possibility of compensation and for legal aid or free trial) which could be relevant to the adoptees in the individual case, the National Board of Appeal only refer to the appropriate authority in Denmark. 1.7 STRUCTURE OF THE REPORT Chapter 1 describes the background and purpose of the report. Chapter 2 is the conclusion of the report. Chapter 3 describes the report's information base. Ankesty in the general coverage of adoption mediation from Chile obtained information from various authorities and organizations. In the case of: Danish International Adoption (DIA) The Swedish Agency for Family Law and Parental Support (MFoF) Chilean Adoptees Worldwide (CAW) The National Board of Appeal has through the Danish Embassy in Santiago tried to make contact with the Chilean central authority Sename. At present, unfortunately, it has not been possible to create this contact, but the National Board of Appeal is working continue to have a dialogue with Sename. The primary purpose with a contact to Sename is to get to know them better opportunities adoptees have to search for biological lineage in Chile. The National Board of Appeal has also conducted a review of specific adoption cases and cases concerning the adoption agency from Chile. Chapter 4 contains a review of AC Børnehjælp's partners and contacts in Chile. there is also one review of the Danish authorities' supervision of adoption dissemination, including the Danish authorities' knowledge of suspected illegal activities in adoptions from Chile. In addition Page there is a brief summary of the parliamentary report from Chile. Chapter 5 reviews the current legal basis for adoption. the judgments, the judgments, the consent of the biological parents and nets birth certificate. The chapter also contains information about the financial aspects of the adoptions, about the child before the adoption and about the actors in the adoption process.

13 Chapter 6 contains a review of which authorities and organizations in Chile to which the adoptees may refer turn to if they want more information about their adoption case. The National Board of Appeal can assist the adopted with management and referral to these authorities and organizations. The information is also available on the National Board of Appeal's website. Page CHAPTER 2 Conclusion The National Board of Appeal has made a general coverage of adoption communication from Chile to Denmark in the period 1978 to The coverage has taken place in continuation of a number of inquiries from adults adopted in the spring of 2020 on suspicion that have acted illegally in connection with their adoptions. The adoptees who have applied to the National Board of Appeal are right to Denmark in 1978 and 1979.

14 On the basis of the coverage, the National Board of Appeal assesses that it can not be denied that the adoption agency from Chile to Denmark through AC Børnehjælp in the period 1978 to 1988 has been linked to illegal behavior in Chile. The National Board of Appeal has placed particular emphasis on the information in the report of the Chilean Commission of Inquiry from 2019, the deficient framework for international adoption in Chile in the period 1978 to 1988 and the fact that the National Board of Health and Welfare in the review of the information on the mediation of adoption from Chile to Denmark mark in general and a number of specific adoption cases have found indication of irregularities in connection with the processing of the cases. The National Board of Appeal must in particular point out the following: That it can not be ruled out that methods of illegal removal of children, described in the Chilean parliamentary report, has also asserted itself in Danish cases. To AC Child Welfare by the organization's contact person in Chile was instructed not to mention the mediation of two concrete private adoptions, as well as private adoptions in general, for it Chilean Ministry of Justice. That some children have been destined to travel to Denmark mark before they were actually matched with Danish applicants. That it cannot be ruled out that there have been financial incentives documents associated with the dissemination of the dries. That in connection with a criminal investigation in Chile has requested and received information about AC Børnehjælps contact person in Chile. That the registrations on the children's birth certificates are incomplete because the names of the biological parents in several cases Page is not listed and because in several cases the children are listed with the surnames of the Danish adoption applicants. That it - to the extent that it appears from the case files that there is consent of the biological parents - is not possible unambiguously to establish that the biological mothers or biological fathers were aware that their consent was given for the purpose of tion abroad. That international adoptions from Chile to Denmark, carried out before 1988 were treated in accordance with insufficient set that effectively regulated another area of law. There werewith not delivered an actual adoption judgment in Chile, as they

15 with not delivered an actual adoption judgment in Chile, as they Danish applicants alone were awarded (in some cases nent) guardianship of the child. The National Board of Appeal has also stated the following about the action in Denmark: That the issuance of the adoption permit in Denmark did not take place on the basis of a clear adoption decision from Chile, as legislation in Chile, as indicated above, did not national adoptions, but guardianship. That the Danish supervisory authorities in 1982 became aware of that the orphanage that AC Børnehjælp collaborated with had a bad reputation and that the Chilean embassy in 1999 The Chilean Parliament addressed the Civil Court Directorate for information on 12 Chilean adoptive children who came to Denmark in the period It is evident not of the cases reviewed that this information provided cause for supervisory reactions. In relation to the six specific adoption cases that have given reason for this coverage, it is not possible on the basis of documents to confirm or deny whether there has been a case on illegal adoptions. A confirmation or denial will presuppose that that the information in the individual case is compared with information from the biological family or other information from the Crete treatment of the case in Chile. The National Board of Appeal has investigated which authorities and Chile, which the adoptees may contact, if they want more information about their adoption case. The National Board of Appeal can assist the adoptees with guidance and display to these authorities and organizations. We refer to the relevant information in Chapter 6 of the report also appear on the National Board of Appeal's website, where the bende will be updated. Page CHAPTER 3 Information basis When the National Board of Appeal assessed that it was relevant to start one general coverage of the dissemination from Chile to Denmark was the board's knowledge of dissemination based on: the information in the specific adoption cases from the six from Chile a brief summary of the parliamentary investigation of Chile on the illicit transfer of children (including through international tional adoption) an initial dialogue with the Swedish central authority

16 an initial dialogue with the Swedish central authority dialogue with DIA an initial review of the information from the Danes general supervision by the supervisory authorities of the dissemination from Chile in the 1970s and 1980s. The National Board of Appeal has for the purpose of the general coverage of the adoption agency from Chile obtained a number of additional information from various authorities and organizations. 3.1 PARLIAMENTARY STUDY FROM CHILE In November 2018, the Chilean Parliament set up a Commission of Inquiry. The purpose of the Commission was to cover the actions of state authorities in relation to irregularities authorities for adoptions and registration of minors. The report deals with both national and international adoptions. tion in Chile. The parliamentary report is attached as Appendix. The Commission's report was published in the summer of 2019 and is based in a wide range of interviews and meetings with Chilean actors, who were all involved in the adoption area of that person period. In addition to the completed parliamentary inquiry, it is taking place currently a criminal investigation in a court in Chile. Afterthe research includes child abductions and suspicions illegal conditions in national and in international adoption cases. The criminal investigation into illegal adoptions in Chile has been standing since The work is led by two judges who are appointed by the Chilean Supreme Court. In practice, the work takes place under the auspices of the Chilean Investigation Police (PDI). Page INFORMATION FROM DIA In connection with the coverage of the Danish adoption mediation from Chile, the National Board of Appeal has asked DIA for a number of clearings. DIA stores the archives for the former Danish intermediary organization, AC Børnehjælp, whose collaboration with Chile at the time, the focus of this report. Specifically, the DIA has been asked to account for the then adoption mediation in its entirety and for the various working partners that the former Danish dissemination organizations have had in Chile. DIA has also been asked to investigate how AC Børnehjælp responded to the allegations of illegal behavior in in connection with the adoptions raised in the Chilean press in the early 1980s. DIA has reviewed AC Børnehjælp's cases concerning the dissemination of

17 DIA has reviewed AC Børnehjælp's cases concerning the dissemination of adoptions from Chile. DIA is based on 109 cases from AC Børnehjælp. The National Board of Appeal has also received an statement from DIA on the conclusions of DIA's case review. In addition, the Agency has reviewed a sample of the spondance that was between AC Børnehjælp and the Chilean partner. DIA's consultation response is attached as an appendix. 3.3 THE CURRENT LEGISLATION IN CHILE Through the international expert organization on adoption area, the International Social Service (ISS), the Ankesty obtained legislation from Chile from the relevant period. 3.4 COOPERATION WITH FOREIGN AUTHORITIES HONORS AND ORGANIZATIONS In connection with the coverage of the mediation from Chile have been in dialogue with various authorities and organizations abroad MFoF in Sweden The National Board of Appeal has been in contact with the Swedish central hed for international adoption, the Agency for Family Law and Parental support (MFoF). MFoF has received in recent years several inquiries from adoptees from Chile with suspicion illegal conditions in their adoptions. MFoF has not made a general mapping of whether there is illegal conditions in adoptions from Chile to Sweden. This is due to, that MFoF's responsibilities as supervisors are directed at the organizations current dissemination and thus not historical conditions. One mapping of historical conditions will require a separate Page which MFoF does not currently have. MFoF bitherefore stands at present alone with those to guide adopted on the possibilities of searching for biological lineage in Sweden and in Chile. The National Board of Appeal has, among other things, received information from MFoF about which organizations in Chile work with historical adopcases, and e.g. can assist adopters in searching for biological lineage and additional information about own background. Herein addition, MFoF has contributed contact information to Chile central authority Sename and to the criminal justice ongoing in Chile (see more in Chapter 7) Chilean Adoptees Worldwide (CAW) Chilean Adoptees Worldwide (CAW) is a private organization, which works to create connection between adoptees from Chile and to uncover the facts of the adoptions that took place. CAW is based in the Netherlands but cooperates with adoptees worldwide, including adoptees in

18 with adoptees worldwide, including adoptees in Denmark. In addition, CAW has been working for several years to gather information on adoptions from Chile. The National Board of Appeal has been in contact with CAW, as CAW represents several of the adoptees, which has approached the National Board of Appeal CAW has made itself available to share its knowledge with the the board. CAW is also in contact with several adoptees around the world and has thereby gained insight into several adoption cases Sename in Chile In order to gain a broader knowledge of, in particular, the criminal The National Board of Appeal has research through the Danish Embassy in Santiago tried to get in touch with the Chilean centralmyndighed Sename. The purpose of the contact was to to a greater extent be to gain greater insight into what the criminal research has uncovered in relation to the adoption agency from the country. In addition, the purpose was to get confirmed or denied, if Danish adoption cases are part of the criminal investigation ning. The aim was also to gain more knowledge of the possibilities there, adoptees have to search for biological genus in Chile and to possibly have their own adoption case investigated as part of the criminal investigation. Unfortunately, the National Board of Appeal has not succeeded in creating tact to Sename in connection with this coverage. Ankesty awaits the opportunity to continue to meet with Page Sename and will thus follow up on the work also in extension of this report. The National Board of Appeal has therefore made special use of information from the MFoF on the search for biological genera in Chile. 3.5 REVIEW OF CONCRETE AND REVIEWS RELLE SAGER In the period 1978 to 1988, AC Børnehjælp had two different ones types of dissemination cooperation in Chile. Until 1980/1981 AC Børnehjælp collaborated with the state orphanage Casa Nacional del Niño. After 1980/1981, AC Børneassistance with private actors (in particular one private person) who AC Child Welfare and Danish adopters were responsible for implementing adoptions from Chile. Cooperation with private actors referred to in this report as private adoptions. In connection with the coverage, the National Board of Appeal has reviewed the documents in 31 of AC Børnehjælp's cases. The 31 cases are distributed as follows:

19 The National Board of Appeal has reviewed the six adoption cases, where the adoptees have approached the National Board of Appeal with thought of illegal conditions in their adoptions. The six cases is all about adoptions happening through the state orphanage Casa Nacional del Niño. In order to gain a broader knowledge of the dissemination from Chile, The National Board of Health and Welfare further reviewed five cases from the period with private adoptions. Here, the National Board of Appeal has chosen to go through the earliest five cases of private adoptions. The National Board of Appeal has also reviewed 10 adoption cases from the Casa Nacional del Nino and 10 private adoptions, which distributed over the entire dissemination period. Enlightenin these cases have been used to confirm the patterns which The National Board of Appeal has assessed are central in the dissemination from Chile. The information in the specific cases about the adoptees and theirs background, are very sparse. This does not just apply to for adoptions from Chile, but is also characteristic of adoptions from other donor countries at that time. The National Board of Appeal has finally reviewed a number of general from the Ministry of Justice, the Adoption Board and the then state counties and counties which during the period in question amounted to the Danish adoption authorities. This is especially true cases of general dissemination cooperation in the period 1978 Page to The purpose has been to obtain further information from general character of the adoption agency from Chile. 6

20 6 There are some records from the period that have not been possible to review due to the covid-19 restrictions on the National Archives' lending in Page CHAPTER 4 General information about the adoption agency from Chile to Denmark 1978 to THE DANISH COMMUNICATION COOPERATION WITH CHILE AC Børnehjælp was the first Danish adoption intermediary organization, which in 1978 began cooperation with Chile. AC From 1978 to 1995, Child Welfare provided a total of 108 children to field. In 1977, AC Børnehjælp assisted a Danish family in an where the family had a prior relationship with it concrete child (a private alien adoption). This adoption lay prior to actual mediation cooperation with Chile. By ta- The table below therefore shows a total of 109 adoptions from AC Børnehjælp. In addition, the other two then Danish organizations DanAdopt and Terre Des Hommes two and one, respectively adoption to Denmark in the period 1979 to 1990.

21 adoption to Denmark in the period 1979 to The children adopted from Chile were escorted until to Denmark. It was normal procedure at that time point in time. AC Børnehjælp DanAdopt Terre Des Hommes Total Page Total In 2015, AC Børnehjælp and DanAdopt merged into Danish International Adoption (DIA), which keeps everyone completed adoption cases from the two organizations. As mentioned in Chapter 3.5, the National Board of Appeal has reviewed in total 31 cases of adoptions via AC Børnehjælp. All the adoption cases that the National Board of Appeal has reviewed, contains basically three parts. The first part is about the child's papers and information about the child before and in connection with the adoption process. The second part deals with the applicants' approval to tere.

22 The third part is about the time after the adoption, e.g. follow-up reports, passport applications, etc. In addition, there are like a journal sheet where AC Børnehjælp has noted the sation proceedings. The information which is particularly relevant in connection with the coverage of any illegal conditions in the adoptions, it is first part, which is about the child before and up to the adoption. There was, however, quite general in the field of international adoption other and fewer requirements for documentation in the cases in the 1970s and 1980s than today. In the cases, therefore, there is often only bread information on the child, a birth certificate and a judgment on guardianship AC Børnehjælp's partners and contact people in Chile AC Børnehjælp collaborated with it in the beginning from 1978 state orphanage Casa Nacional del Niño in Santiago. The fodoes not represent an actual co-operation agreement between AC Børneassistance and Casa Nacional del Niño, but the cooperation was according to information from DIA notified to the Ministry of Justice, which at that time was the main adoption authority in Denmark field. Page At that time, it was the normal procedure for the intermediary sations simply notified collaborations to the supervisory authority. IN Today, the National Board of Appeal or the responsible minister must make an actual approval of the collaboration. Until 1980/1981, AC Børnehjælp collaborated primarily with Casa Nacional del Niño. Casa Nacional del Niño was in januar 1980 placed under the Chilean Ministry of Justice. DIA has stated that from 1980/1981 onwards the communication picture changed and the adoptions were basically private adoptions. ner. In 1982, the local Chilean press carried a series of articles trafficking in children and adoption abroad. According to the DIA was there is a break in dissemination from the beginning of 1982 to In november 1982, the Casa Nacional del Niño was handed over to it Chilean aid organization Corporación de Ayuda al Menor (CORDAM). CORDAM was established by the Chilean police with support from public and private funds. Casa Nacional del Niño was later submitted to the central authority, El Servicio Nacional de Menores (Sename). After Casa Nacional del Niño was handed over to CORDAM, declined dissemination from here to Denmark. AC Child Welfare started in during that period, a collaboration with a social worker who lead children to adoption (private adoptions). The social worker had previously been employed at the Casa Nacional del Niño, where he was also AC Børnehjælp's contact person. This collaboration continued until It does not appear from

23 This collaboration continued until It does not appear from the documents to which the National Board of Appeal has had access, why the collaboration with the social worker ceased. In 1987 and 1988 there were no adoptions from Chile to Denmark, presumably due to the revision of the legislation in Chile. IN In 1988, a new adoption law came into force in Chile. With this, the yellowing of the adoption agency reinforced (see section 5.1). AC Børnehjælp's real partner from 1990 was Sename, established in 1988 and subsequently designated as the central authority when Chile acceded to the 1999 Hague Convention. Thereafter, the number of adoptions to Denmark from Chile decreased. AC In 1989 to 1995, Børnehjælp collaborated with a lawyer, who assisted in the few adoptions mediated through AC Børneaid from Chile during this period. AC Børnehjælp had, while the dissemination collaboration was going on, a number of contacts in Chile. The contact persons were put in orphanages, oversaw the adoption process itself or assisted with it. Later in the period, AC Børnehjælp had Page paid contact persons in Chile who were employed by AC Børnehelp. Following the change in the law in Chile in 1988 and until 1996, AC Børnehjælp represented by three different local people. Quantityeasy adoptions from Chile continued to decline after 1988, and the last adoption to Denmark was completed in Chile acceded to the Hague Convention on 1 November There children from Chile are still being adopted today to countries such as Germany, France, Italy, Belgium, Norway and New Zealand. 4.2 THE SUPERVISION OF THE DANISH AUTHORITIES THE ADOPTION DISTRIBUTION The organizations' co-operation with foreign countries In the period 1978 to 1988, to which the hedging relates, they could intermediary organizations in Denmark after notification to Ministry of Justice cooperation with various authorities and organizations in e.g. Chile on international adoption. Against this background, AC Børnehjælp could enter into a dialogue with them various authorities and organizations in Chile on the specific conditions for the placement of children in Denmark without a right approval of the cooperation from the Danish authorities page Treatment of the adoption case in Denmark In the Danish authorities' processing of a matching battles from abroad there was in the period from 1978 to 1988 a major

24 focus on the information about the child's health and mental health social conditions than on the information on the release of barnet. Furthermore, the information about the child's was health and psychosocial conditions and about the release during this period more sparse than the information provided by the Danish authorities recipient in the cases today The adoptions from Chile The then highest adoption authority in Denmark was respectively the Ministry of Justice and later the Directorate of Civil Justice under the Ministry of Justice. In the assessment of the specific cases documents it is seen that the Directorate of Civil Justice in a specific case from 1995 has assessed a judgment on irrevocable guardianship to the adoptees and the birth certificate from Chile as sufficient documentation that the conditions for issuing a Danish adoption Wednesday grant was met. The National Board of Appeal has not been able to find examples of specific cases from Chile from the torate, which goes back further than The Board is therefore not aware of whether the documentation basis was different in previous years. Page At that time, the Danish authorities had the largest focus on the authenticity of the documents when issuing Danish adoption grant. At the time of issuance of the grant reviewed the Danish authorities, most often the child's original birth certificate test, the original judgment on adoption from abroad and an eventual subsequent registration of the adoption. These documents were reviewed in order to determine whether the the terns were genuine, i.e. issued by the appropriate authority with the stamps and signatures. The fact that the legislation in Chile did not regulate international adoptions (see Chapter 5.1) have thus not closed that the Danish authorities have found the adoption and the basis for the issuance of a Danish adoption grant present The Danish authorities' supervision of the general Danish adoption agency from Chile In its review of cases from the Danes, the National Board of Appeal has authorities on the general dissemination from Chile, identifying correct information about two specific briefings / inquiries that could give rise to suspicion of illegal activities in the adoption cases from Chile in the period 1978 to In April 1982, the Adoption Board received it as a supervisory authority an information about Chile from AC Børnehjælp. With the orientation AC Børnehjælp sent a notice from the Danish embassy in Santiago, Chile. It appears from the note that AC Børnehjælp had been in Chile in March 1982, when seven adoption cases from Casa Nacional del Niño had come to a standstill. It also appears from the note that AC Børnehjælp on the journey to

25 It also appears from the note that AC Børnehjælp on the journey to Chile was at a meeting of the Chilean Ministry of Justice, where AC Børnehjælp was informed that the orphanage Casa Nacional del Nino had a bad reputation in the Ministry of Justice. The background for the bad reputation was not quite clear, but AC Børnehjælp had understood that Casa Nacional del Nino had been involved in adoption mediation among other things to the United States, which had called the attention of local authorities. Ministry of Justice in Chile, therefore, AC Børnehjælp did not exclusively recommend that have contact with Casa Nacional del Nino. Instead, it became AC Child Welfare recommended finding a representative (lawyer or e.g.) that could represent the interests of the organization in Chile in form of contact to orphanages that had children for adoption. It further appears from the notice that AC Børnehjælp had stated that the Ministry of Justice in Chile was preparing an adoption law, as the area had hitherto been without Page voiced framework. Finally, the notice states that AC Børnehelp had had a conversation with the Danish embassy in Santiago. The embassy offered AC Child Welfare assistance to clarify the background of the Casa Nacional del Niños bad reputation. At the same time, the embassy would try to obtain information on the draft Chilean adoption law. It is not available in the case files that the National Board of Appeal has information on whether the notice gave rise to initiatives by the Danish authorities. It appears from another supervisory case from 1999, which the National Board of Appeal has reviewed the fact that the Chilean embassy The Chilean Parliament in 1999 addressed the Civil the Directorate of Justice to obtain information on 12 Chilean children who came to Denmark in the period The 12 Chilean adopted children came to Denmark in 1978 together with a special specific Chilean adopted child, whose case was well known in Chile. That does not appear in the inquiry as to why the Chilean who requested this information on the 12 Chilean adoptive children. However, an internal memo on the case shows that the Civil the Directorate of Justice assumed that it had something to do with child traffic do. In connection with the response to the inquiry made The Directorate of Civil Justice a consultation of AC Børnehjælp, and the The Rectorate was also in dialogue with the Danish Ministry of Foreign Affairs. rium. AC Børnehjælp stated in the consultation response to the Directorate of Civil Justice in 1999 b.a. on a specific adoption case from In the Chilean adoption case, which is identical to that of the Chilean Embassy specifically mentions in the letter to the Directorate of Civil Justice, had the biological mother had her three children placed at the Casa Nacional del Niño. When the biological mother at a later timepoint approached the orphanage, the youngest child was there not anymore.

26 not anymore. The biological mother had stated that she did not know the child had been adopted internationally. She therefore believed that the child had been stolen. It further appears from the case that a local daily newspaper in Denmark in 1998 had written an article on the specific adoption case from Chile from Finally, it appears from another internal note on the case that AC Børnehjælp in connection with this had stated to the Directorate of Civil Justice that AC Børnehjælp was safe with their partner in Chile. Page No information is provided in the case about the Danish authorities follow-up on this information. It is noted that the it in 1999 still existed formally, but that there was not an active dissemination at the time of the inquiry. In the light of the knowledge provided today about the Chilean adoption system from , supports the above clears the suspicion of illegal conduct in the adoptions from Chile to Denmark, and such information would with the current framework for the supervision of the International Adoption have led to a reaction from the National Board of Appeal as a supervisory density. As previously stated, the supervision of international adoption in However, the 1970s and 1980s were of a different nature, as the framework for supervision was different. 4.3 INFORMATION FROM THE PARLIAMENTARY INVESTIGATION FROM CHILE In November 2018, the Chilean Parliament set up a Commission of Inquiry. The purpose was to uncover state authorities actions in relation to irregularities in connection with adoption treatment and registration of minors. The Commission's report was published in the summer of 2019 and is based in a wide range of interviews and meetings with Chilean actors, who were all involved in the adoption area. According to the report, it is a fact that irregular and illegal adoption, including violation of fundamental rights took place in Chile in the period There was talk on a recurring practice which occurred on the basis of unsatisfactory conditions in the hospitals, incorrect birth control and the presence of groups, as in a coordinated efforts and with economic gain in mind, took the initiative to

27 efforts and with economic gain in mind, took the initiative to remove children from especially poor women in a vulnerable situation. The tywhip victims were single women who in some cases had many children, lived in rural areas and did not have access to support network. Various methods were used to defraud biologicals mothers their children. The most common method was to give the mother the impression that her son or daughter had passed away it so that the mother could not subsequently complain. The biological mother was thus convinced that it was an irreparable fact which could not be questioned. Samearly the mother was not handed over her newborn baby's body and received not a birth certificate, birth certificate or death certificate. Page There were many different actors who contributed to these maneuvers, i.a. medical staff, population registers and organizations. The actors coordinated the efforts outside the hospital the speakers and made it possible to transfer the children to the the parents. Thus, both public bodies and private entities participated units in a joint effort. The report describes how the actors were part of a network, where especially social workers, health care workers and court officials played a key role in that act as so-called "collectors". Focus on these collectors were vulnerable women - typically young, single mothers between 14 and 17 years where the fathers were not present and the support of the family limited. The actual collection could take place in three stages; below pregnancy, right after birth or in orphanages, where the social workers e.g. explained that they offered support to the mothers so they could get work. Once the children were cominstitution or in a temporary residence, they were removed net, after which it was said directly to the mothers that they would not make their children see again. According to the report, the collection mechanism became very widespread and resulted in 1979 in an actual guide to the Social Council donors. The guide explained a number of procedures, such as the social worker had to comply to get hold of young, single people mothers who were in a vulnerable situation. The purpose was to get the mothers to hand over their children for adoption. According to the report, it is essential to understand the context in which the above actions took place in. In addition to the applicable legislation in the field of adoption from 1978 began in Chile to implement a national children's plan (Plan Nacional de la Infancia). The national children's plan was managed by the rende Ministry of Justice. The plan introduced a new perception of children in an irregular situation. People started talking about irregular social conditions, mainly linked to poverty. In child policy

28 conditions, mainly linked to poverty. In child policy adoption played an important role as an obvious solution for children, who did not have a home. An objective of child policy was, among other things, that there should be a significant increase in the number of adoptions. To support this, one developed two mechanisms. On the one hand, a public movement was established, which was to support the idea of adoption, and partly one was initiated international campaign in support of children and childhood. Thus, a targeted state policy was introduced adoption of children. The report refers to interviews with social Page advisers, who i.a. has been involved in collection and removal children. They express that everything they did was lying within the framework of the law and the applicable provisions, and that they did so with a conviction that they were rescuing children from a fate in poverty. According to the report, there was, in addition to one economic gain for the parties involved, a political-ideological conviction that it can save poor children in a society context in which Chile and Latin America in the 1980s know one of the worst economic crises the countries have experienced modern history. According to the report, the theft of children was a practice that unfolded over several periods and which not only occurred during the Pinochets military dictatorship from There was apparently talk on a very lucrative business for the organizations involved organizations which for long periods took advantage of the lack of provision to carry out adoptions of children to foreigners. International adoption and thus children's departure from Chile with for adoption was first subject to regulation in The lack of legislation provided the basis for many children who had been removed from their biological mother, could be sent out of the country. The actual adoption assessment was made by the authorities of the recipient country where the approval took place in the light of the process in Chile. The Chilean media reported as early as the 1960s and 1970s on reviews of organized groups, which were involved in the illicit trafficking of newborns, but at that time it did not get the Chilean state to to intervene. The report does not establish the exact extent of the illegal adoptions because registration in Chile was deficient. But one Chilean NGO called Hijos y Madres del Silencio, which works who with the search for biological genus, assesses that around 10,000 people have contacted the organization. These persons have declared that they are victims of illegal adoption. As a consequence of the conclusions of the report, it proposed Chilean Commission that private organizations are excluded

29 Chilean Commission that private organizations are excluded of the processing of adoption cases both nationally and internationally for the future. The private organizations have been it main source of trafficking in children, as the organization receive a fee in one way or another their actions. At the same time, it was proposed to improve system for the search for biological genera and to allocate more sources for the courts' ongoing investigation into irregularities say adoptions - also called the criminal investigation. Page CHAPTER 5 The National Board of Appeal's lighting of AC Børnehjælps adoptionformediation from Chile 5.1 LEGAL BASIS FOR THE ADOPTIONS The National Board of Appeal has via the international expert organization ISS (International Social Service) obtained and translated it legislation governing the area of adoption in Chile from 1965 and forward. The board has identified two laws that were in force in the years 1978 to 1988 and provides an insight into how the mediation to Denmark worked. In the cover have these laws has provided a framework for the assessment of the documentation in the cases reviewed and the information collected otherwise. The law referred to as Law No was in force during the on and aimed to set the framework for adoption. There was thus an adoption law in Chile that made it possible to carry out legal adoptions, but according to the parliamentary inquiry did not regulate international law onal adoption. The provisions of the Act are about: requirements for the applicants' marital status and age The an child's abandoned maximum child) age and status (including a definition of requirements for the adoption grant itself and prerequisites for this The legal effect of adoption the powers of the judge requirements for the registration of the adoption in the birth register The other relevant legislation is Act No. 16,618 on the of minors. The law came into force in 1967 and regulated

30 national measures for the protection of minors Judgments from Chile Since all the cases covered by the National Board of Appeal's coverage, relates to adoptions carried out before 1988, is the dissemination happened before there was a law that regulated internationally adoption in Chile. Page The National Board of Appeal assesses after a review of specific that adoptions before 1988 were instead treated in accordance with the set on the protection of minors. According to the parliamentary inquiry, this posed a risk for that many children who had been removed from their biological mother, could be adopted abroad. The National Board of Appeal has reviewed a total of 31 specific adoption from Chile distributed so that there are a total of 16 from Casa Nacional del Nino and 15 private adoptions. Common to the judgments in the 31 specific cases that the agency has reviewed are that it is law 16,618 of 1967 on the protection of minors who have been used of the Chilean courts. It appears from the judgments in the 31 cases that the Danish applicants (later adopters) are entrusted with the guardianship of the child, and that the child is given permission to travel out of the country. In some of the It also appears that the transfer of guardianship and travel of the country takes place for the purpose of adoption. It is thus the provisions of Act 16,618 on the Court powers to decide who is to act as guardian minors and to authorize minors to leave Chile, which forms the basis of the judgments. According to the parliamentary investigation, Chilean children could travel out of the country before 1989 without their parents if guardianship had been provided for net Consent of the biological parents Consent to adoption from the biological parents is normal a very central part of the release of the child. In the cases, Ankestyhas been reviewed, it appears from the judgments to have been mentioned consent in 13 of the 15 cases of private adoptions. I de 16 cases The National Board of Appeal has reviewed from the Casa Nacional part Niño, it does not appear that the biological parents have given consent to guardianship, neither in the judgment nor in the rich acts. In those cases where consent has been given, it appears from some of the judgments of Chile that consent has been given to guardianship. IN other judgments do not specifically state what has been know consent to, but the verdict is about guardianship. It is the National Board of Appeal's assessment that in the vast majority of cases

31 it is not possible to conclude whether the biological parents were aware that their consent to guardianship was given look at adoption abroad. This is on the basis of the documents in the cases reviewed not possible to see if the biological parents associated with Page the granting of consent has been guided on the actual consequences of the consent which led to an international tion of the child. Only in one case of private adoption is a consent document intended, from which it appears that the biological mother consents to that the child is transferred for adoption to a specific Danish married couple, that biological mother's consent is irrevocable and that biological mother also agrees that the child can travel to Denmark The child's birth certificate In its review of cases, the National Board of Appeal has that the registrations on children's birth certificates in Chile have been incomplete. From the review it is seen that the names of the child's biological parents only in some cases appear on the birth certificate, although the names of the biological parents are known and appear from the child's health information (see chapter 5.3.2). This is a teams that are focused on in i.a. the parliamentary inquiry, from which it appears that forgery may have occurred with the documentation in the adoption cases, including birth certificates the tests. Similarly, CAW has stated that, based on CAW s experience, calls give rise to suspicion of illegal activities if they biological parents' names do not appear on the birth certificate. In some of the first private adoptions, the child is already on the birth certificate has been assigned to the surnames of the Danish applicants. This indicates that even before the judgment on guardianship was decided that the specific child should transfer given to the applicants concerned. 5.2 THE ECONOMIC ASPECTS OF ADOPTION NERNE From 1978 to 1988, economic relations in the international national adoption agency not regulated in the Danish rules or by the Danish authorities. Therefore, it can not be ruled out that there may have been financial incentives for the actors, as there were no rules for AC Børnehjælps any remuneration of contacts or on payment of fees in donor countries. In the case of international adoptions, it is common both in a you and in a historical context that the applicants or pay certain costs in connection with the proceedings

32 treatment abroad. It can e.g. be the cost of overappointment, medical examinations, legal assistance, issuance of special certificates etc. Page However, it may be important to find out whether individual people in Chile has gained personal gain by assisting with the dissemination of the adoptions from Chile and thus had an incentive to contribute to continued dissemination. According to DIA's consultation response, AC Børnehjælp has paid fees to Casa Nacional del Niño and later to AC Børnehjælp's envoys and contacts in Chile. The size of the fees riered over time. Common to the fees is that they have covered eg. case costs, medical certificates, child care, donation (for example, an orphanage) and a fee to the representative. It is however, do not specify how the total fee has broken down by the individual expenses, including how large one part of the fee, the representative received in person. It appears from the correspondence between AC Børnehjælp and the contact person in Chile that donations from AC Børnehjælp to Casa Nacional del Niño for a period was addressed directly to the the beat person. It also appears that AC Børnehjælp paid one fee directly to the doctor at Casa Nacional del Niño, and to AC Child Welfare provided a donation to the orphanage for each child, who was adopted to Denmark. Later, this donation became addressed directly to the social worker who was AC Børnehjælps contact person. As previously described, the dissemination after Casa Nacional del Nino in 1982 was transferred to CORDAM for principal to consist of private adoptions. At the transition to the private dissemination, it is described in the correspondence that AC Børnehelp through their contact person paid a total of $ 3,500 for adoptions of two children before the births of the children. The payment should bear the cost of the maternity clinic and the children's stay and care. The two children were adopted in the initial phase with the private adoptions. The adoptions were mediated by AC Børnehelp contact person as private adoptions to AC Børnehelp around the Casa National del Niño (see chapter 5.4). The parliamentary report states that already in The 1970s and 1980s were written about illegal adoptions in national and local newspapers in Chile. The articles were about trade with children, including stories and statements from people who were been arrested for trafficking in children. At this point, it stated that between 800 and 1,000 children left Chile each year on an illegal basis. The price for a child was estimated to be up to $ 6,500. In the consultation response, DIA has stated which fees, expenses and nations appearing in the adoption cases. In cases from Casa Na-

33 nations appearing in the adoption cases. In cases from Casa Na- Page cional del Niño the cost was approx USD pr. adoption, while the cost was approx. $ 2,500 in private adoption cases. DIA points out that in their case review has not found accounts or the like, which provides a more detailed insight into the economics of worked. It also appears from the parliamentary inquiry that Chile at that time was among the countries with the most children traveled for the purpose of international adoption. It connects to it parliamentary inquiry together with a Chilean legislature which did not adequately regulate Chilean children's departure for adoption abroad. 5.3 INFORMATION ABOUT THE CHILD BEFORE ADOPTION NEN When the adoptions of the Casa Nacional del Niño were suspended, AC Børnehjælp transferred to cooperate on private adoptions ner. With the private adoptions, AC Børnehjælp was able to come Danish applicants' desire to adopt young children and infants. According to DIA information, the children were adopted from Casa Nacional del Niño, about 2-6 years at the time the judgment on guardianship was handed down. Most kids were around 4 years. The children who were adopted to Denmark via private individuals adoptions, were primarily infant when the judgment on guardianship was dismissed. DIA states that adoptions of infants with today's children vision can attract attention, but that child vision and adoption tion was different 40 years ago. It was thus not uncommon amicably that infants were adopted away, which also happened in other partner countries of the former organizations and in national adoptions in Denmark The children's place of residence prior to the adoption According to the parliamentary inquiry, it is a fact that that irregular and illegal adoptions, including violations of fundamental rights, took place in Chile during the period 1950 to It was a recurring practice that occurred on due to unsatisfactory conditions in the hospitals, incorrect birth registration and groups, as in a coordinated effort and with financial gain in mind, took the initiative to remove children from especially poor women in a vulnerable situation. The typical victims were thus single women, who in some cases had many

34 Page children, lived in rural areas and did not have access to it necessary support networks. The most common method was to give the mother the impression that her bosom had departed at death. The biological mother became thus convinced that it was an irreparable fact, which could not be questioned. At the same time got the mother did not hand over the body of his newborn child and did not receive a declaration, birth certificate or death certificate. Given the very sparse information about the children before adoption, it cannot be ruled out that methods of unlawful removal children, described in the parliamentary inquiry, also has asserted itself in Danish cases. The National Board of Appeal can neither confirm nor deny this pattern in the Danish cases. The information from the parliamentary inquiry is about the whole complex of illegal and irregular adoptions in Chile and is thus not specifically focused on adoptions from Chile to Denmark. The National Board of Appeal is only aware that the children in all the cases from Chile 1978 to 1988 have resided in foster families before adoption, but in the vast majority of cases it is not stated for what reason the children were placed in care or where in the what the foster families lived. In addition, there is none or much sparse information about the biological mother. In the reviewed cases where the adoption is mediated via Casa Nacional del Niño, the children have stayed in private care families. Before the children were escorted to Denmark, they stayed moved to the orphanage in Santiago. In the reviewed cases of private adoptions, infants became in the majority of the cases the National Board of Appeal has reviewed foster home for foster care. In some of the cases that the National Board of Appeal has reviewed, it appears it also that various adopters in Denmark asked to the children's stay before the adoption and to the biological mothers. These questions were not answered by the contact person, however the adoptions were carried out anyway Children's health information In the cases that the National Board of Appeal has reviewed, information about the child's physical and psychosocial condition. Information can be found in one single document, which together constitute dical Report.

35 Page Medical Report was completed on a form provided by AC Børnehjælp sent to the contact person in Chile. One part of the report was completed by a doctor (about the child's physical health). The anthat part was filled in by a social worker, typically AC Børnehelp contact person (about the child's psychosocial condition). Medical Report seems generally standardized and with few concrete information about the children. That is, a lot of information and notes in the reports are repeated from child to child and appear very uniform. The dating of health information indicates that health information the applications have been completed in connection with the adoption. However, it is not possible to know whether in the case of the child in Chile at the time time was supplementary health information which was not sent to Denmark in connection with the match. Several Medical Reports state the name of the biological mother and in some cases also the biological father. The document contains also keeps in some cases information about the course of the birth, eg. that it was a normal birth but not information about where the child was born, e.g. at which hospital or clinic nik. Seen through the eyes of today is detailed information about the child origin essential. It can e.g. be information on the background and situation of illogical family, information on birth and place of birth or police report and evidence of futile search after biological family (in the case of a foundling) The match The majority of the cases that the National Board of Appeal has reviewed go there shortly from the issuance of the child's birth certificate to the child's entry into Denmark (generally between three to ten weeks). It means there that the process was very compressed, especially with thought on that in the 1970s and 1980s it was not possible to send documents and information to and from abroad with the same as today. From the cases reviewed, the National Board of Appeal cannot see which ones information the Danish authorities were in possession of at the the point of matching. The National Board of Appeal can state that some of the children have been destined to travel to Denmark before they were actually chet with Danish applicants. In addition, it has not been mubased on the cases reviewed to see how AC Børnehelp contact person came in contact with the biological mothers in the period of private adoptions.

36 Page In the cases that the National Board of Appeal has reviewed, it appears not unequivocally who was in charge of the matching. However, there are more examples of the actual matching being conducted by AC Child help. Among other things, it appears from some cases that there there was a list of children as the contact person in Chile expected to be adopted away. Based on this list matched AC Børnehjælp the children for Danish applicants. In addition, it is seen from the cases that the times of when the children had to travel to Denmark, often decided, before the match was approved by the county. In one case, AC Børnehelp e.g. quickly match the child to other applicants because they original applicants could not be approved and the child s arrival date in Denmark was planned. Of the correspondence between AC Børnehjælp and the contact person In Chile, it appears that the contact person was aware of this two unborn children to be adopted (see Chapter 5.2 and 5.4). AC Børnehjælp prepaid the costs in connection with the births and at the same time informed their contact person which two Danish applicant couples the children were to be adopted by. Ought tonene were then disseminated via AC Børnehjælp as private adoptions. It shows that the specific children were matched by AC Child help. In this case before the children were born. Seen through the eyes of today, the matching of a child should not happen, before the baby is born. According to the Hague Convention, an adoption can implemented only if the authorities of the issuing country have correct that the consent of the biological mother is first given after the birth of the child 7. This is to prevent the risk of illegal move. A match before birth can, seen through the eyes of today, indicate that the child has been trafficked and that the applicants have paid for the happen mother's costs in return for a child. It can also indicate that the situation of the biological mother (eg poor judgment) is used for the purpose of having a child. Regardless of the in the specific situation may have been to help the biological mother, so should international adoption, seen with the present eyes, do not be a means to this aid. In addition, the matching of a child should only take place when the happen mother is actually able to understand the consequences of it consent she gives to e.g. adoption. Such an understanding can only, seen through the eyes of today, finally be achieved when the child is born and the real facts about the child and the mother 7 The Hague Convention of 29 May 1993 on the Protection of Children and on Cooperation with with regard to international adoptions, Article 4 (c) 4 Page 38

37 38 is known (the condition of the child and the mother after birth, possibly or complications in connection with childbirth, etc.). The child should matched with the applicants who are judged to be able to take the best take care of the child. 5.4 ACTORS IN THE ADOPTION PROCESS There are several pervasive actors in the adoptions from Chile to Denmark. According to the parliamentary inquiry requested the judge in charge of the ongoing criminal justice research, the Chilean Social Workers' Association on Information about AC Børnehjælp's contact person and eight other social counselors vere. The criminal investigation received the information about AC Børnehjælp's contact person in April The National Board of Appeal can not, however, conclude from this that the adoptions to Denmark were illegal. The parliamentary report states that Chilean media in the 1960s and 1970s reported on reviews of organized groups involved in the work of illicit trafficking in newborns, but it got on then time not the Chilean state to intervene. The maneuver with defrauding biological mothers their children were in charge of Among other things, medical staff, population registers and various private organizations. It also appears from the parliamentary inquiry that was a lucrative business for the actors involved, which exploited the lack of legislation to carry out the adoption oner of children to foreigners. In its consultation response to the National Board of Appeal, DIA draws attention to the fact that there are several common actors in the cases, including beats, doctors, judges and lawyers. DIA is knowledgeable that several of these persons are the subject of criminal proceedings investigation taking place in Chile. It appears from the correspondence between the contact person and AC Child Welfare in May 1979 that Casa Nacional del Niño is mentioned negative in the Chilean press. The contact person gives in it expression that the publicity affects the person's work at the orphanage. The contact person will therefore start to undertake adoptions on a private basis and thus accommodate the need for adoption of more young children and infants. AC Child Welfare's contact person at Casa Nacional del Niño, who later undertook the private adoptions, recurring in most ger. The person in question has acted both as a contact person for AC Børnehjælp, as a social worker in Chile and thus writes on Medical Report about the children's psychosocial condition, Page 39 39

38 39 as well as in some cases also as a representative of the applicants at the court. These functions have been performed by the person in question a legally unregulated system. With the eyes of today it is worrying that a single person is involved in all parts of such an unregulated system, as in that case it is difficult to distinguish what interests the person actually represents Especially about the private adoptions The general information about AC Børnehjælp's dissemination work in Chile shows that AC Børnehjælp's partner and tactical staff worked specifically to promote private adoption and that the Danish adoption applicants had an expectation that AC Børnehjælp could assist with such adoptions. By AC Børnehjælp's correspondence with the contact person in Chile, adoption applicants can generally be seen as asked young children and infants. AC Børnehjælp therefore wrote often to the social worker at Casa Nacional del Niño and asked to the possibilities of adopting young children (unlike those often slightly older children adopted from the Casa Nacional part Niño). The then director of AC Børnehjælp initially traveled 1980 to Chile and in that connection had contact with social the adviser at the Casa Nacional del Niño. The social worker offered in cooperate with a lawyer to arrange for the adoption of of very young children and infants to Denmark. AC Børne- The director of aid was also specifically offered to on the trip to Chile convey five specific children for adoption, as trial cases for the new collaboration. This informed AC Børnehjælp de potential applicants for in letters after returning home in April It appears from the correspondence that AC Børnehjælp in December 1979 was informed that the Chilean Ministry of Justice received responsibility for all adoptions from January In 1980, the The Danish Ministry of Justice visits AC Børnehjælp in Denmark mark where a representative of the Ministry was to meet AC Børnehjælp's then director and an adoptive family who had adopted child from Chile. In two letters prior to the visit, AC Børnehjælp's contact son AC Børnehjælp's director not to mention the two specific ones cases (see Chapters 5.2 and 5.3) of the Chilean Ministry of Justice rium when it came to private adoptions. The contact person also asked the director of AC Børnehjælp to only show and mention them children conveyed through the Casa National del Niño to the the representative of the Chilean Ministry of Justice. Contact per- The zone also stated that at this time there was a focus on international adoptions in the Chilean Ministry of Justice, and Page 40 40

39 that further regulation was probably on the way. This regulation would possibly mean that it would no longer be possible to take private adoptions. Further correspondence with the Chilean Ministry of Justice visits to Denmark are not seen to contain information about whether AC Børnehjælp addressed private adoption to the representative of the Chilean Ministry of Justice. However, other topics were discussed which were discussed during the search. The dissemination of private adoptions via AC Børnehjælp's contact person continued until 1986, when the collaboration with it specific contact person as mentioned ceased. Page The search for biological genus in

40 CHAPTER 6 The search for biological genus in Chile The National Board of Appeal has investigated which options were adopted has to obtain assistance from authorities and organizations in Chile to search for more information about their background and their adoption case, including the search for biological genus. Several players rer works with the search for biological genus in Chile. Below is a brief description of these actors as well as information on how one as the adoptee can contact them individually. Up- The information will also appear on the National Board of Appeal's website, where they will be continuously updated. Finally, the possibilities for obtaining assistance are also described to the Post Adoption Service (PAS) in Denmark via either Ankestyor DIA. 6.1 SENAME According to Sename's website, you as an adoptee can get help for the search for biological genealogy and information on own reason if you have reached the age of 18. You must complete and submit a form with a range of information for Sename. other than that the process and outcome of Sename's assistance is not more described. However, the National Board of Appeal has been informed that The communication with Sename should be in Spanish. The National Board of Appeal has called / written to Sename to elaborate on the above opportunities. At present, the agency is waiting for an opportunity to meet with Sename virtually. Via the Swedish central authority, MFOF, the National Board of Appeal has have been informed that only a few Swedish adoptees have applied assistance from Sename and that they have not been contacted by Sename yet. The organization Chilean Adoptees Worldwide (CAW) has stated that that the CAW supervisor adopted that they can send their case to Sename for the purpose of searching for biological genera in the trap where the CAW cannot help itself. Sename has, according to CAW access to archives that have not been lost where there may be relevant information. Contact Information: Link to information on the search for biological genus on the Senames Homepage: / Page Link to apply Sename for assistance in the search for biological genus: Caso.aspx? Changeidioma = en

41 Caso.aspx? Changeidioma = en THE CRIMINAL INVESTIGATION IN CHILE According to information from, among others, the Swedish central (MFoF), you can receive information as an adoptee on own case directly from the criminal investigation, if the case is part of the investigation. In that case, as an adopeven contact the criminal investigation ning. In August 2020, the Swedish central authority was informed of the criminal investigation that at that time point, a total of 584 specific adoption cases were included in the gen, and that a significant proportion of these are Swedish. The criminal investigation consists of both a general coverage of illegalities related to adoptions from Chile and an investigation of individual cases. MFoF assumes that it criminal investigation examines all the complaints / applications received but up to two years from the PDI receives a case until the investigation is initiated due to a large number of inquiries. The agency has not been able to get an answer as to whether the individual adoptees receive an individual response to their inquiry. The however, criminal investigation has informed MFoF that when the investigation period is over or the case is closed, there may be the information requested is provided, as long as it is not disrupts the normal operation of the court. The board has heard a number actors on when it is expected that the criminal justice research completes its work. However, it is not known at present current time. According to information the Agency has received directly from the legal investigation, the investigation works on it way that a biological parent can lodge an official complaint with PDI with reference to case number The same can an adopted. The PDI then attempts to match the collect information on actors involved with a view to a possible criminal aftermath. The complaint itself can either be filed physically at one of PDI's offices in Chile or via a form available online (see therefore). According to CAW, this approach is where PDI s information from the biological family is compared with information the only method of shedding light over the actual course of the individual case. Page On MFoF's website there is information about the criminal law investigation and an official link to a form which they can fill out and directly to PDI in Chile. Ankesty has been confirmed that all adoptees can use this link. The website also has information on how

42 link. The website also has information on how one can be notified that the case has been received and case number by the criminal investigation. The form linked to has been verified by PDI and can sent directly to a single address or to a group mail at the criminal investigation. As with Sename takes place in communication with the criminal justice research based on Spanish. Contact Information: Main for the criminal investigation: adoption [email protected] A link to the application form can be found at the National Board of Appeal website ast.dk. 6.3 CHILEAN ADOPTEES WORLDWIDE Chilean Adoptees Worldwide (CAW) is a platform for adoption prepared from Chile all over the world. The purpose of the organization is to help Chilean adoptees to be reunited with their biological families. In addition, the purpose of the organization is to uncover the factual circumstances surrounding the adoptions that took place place in the 1970s, 80s and 90s. The organization's point of departure is that most adoptions from Chile in the mentioned decades were illegal. CAW is based in the Netherlands but collaborates with adoptees all over the world, including adoptees in Denmark. CAW has a broad network in Chile, including direct cooperation work with Sename and the criminal investigation. Wishes one help from CAW to search for biological genus, one must use a form found on their website. Processhow to get help is not described further, but the CAW has stated that they have the greatest opportunity to help, if a Chilean name appears in the file. At home page you can also find the form to use, if one wants to send his case to the criminal investigation. Contact Information: Page Form for the search for biological genus (and other formulas rer): NOS BUSCAMOS Nos Buscamos ("We Are Seeking") is a Chilean organization based in Santiago, which has the mission of reuniting biological

43 Santiago, which has the mission of reuniting biological milieus that have been separated through adoptions, as well as to support and mentoring adoptees from Chile. The organization works i.a. with the search for biological genus via their own DNA database. Nos Buscamos also has a Swedish department that focuses on the Swedish cases. If you want help from Nos Buscamos to search for biological genus, one must use a form found on their Homepage. The process of how to get help is not described further. Contact Information: Biological genealogy search form: https: //registro.nosbuscamos.org/?en The National Board of Appeal is aware that there is another Chilean organization called Hijos y Madres del Silencio working with the search for biological lineage. In connection with the coverage However, the National Board of Appeal has not obtained information on the work of this organization. 6.5 OPPORTUNITIES FOR HELP IN DENMARK The National Board of Appeal The National Board of Appeal can help the adopted (over 18 years) the aunts and any biological parents with appropriate guidance wire. It can e.g. be guidance on the possibilities of to search for biological lineage in the donor country, insight into own case in the issuing country etc. The National Board of Appeal can always guide the adoptees about the opportunities according to the Danish rules in the field of adoption: The possibility of support in the form of counseling, PAS (Post Adoption Service) at the National Board of Appeal The possibilities for applying for revocation of the adoption or try to have the adoption declared invalid. It is regin the country that has decided on the adoption that is decisive for whether the adoption can be revoked or declared void. Page The National Board of Appeal is responsible for offering the state PAS offers. Today the PAS offers consist of the following elements: Mandatory counseling immediately before and after delivery of child (phase 4) Consultancy until the child's 18th birthday (20 hour advice to adoptive parents)

44 Counseling for adult adoptees (hours are granted after application to the National Board of Appeal) Groups of children (group courses for children led by two PAS lenter) Groups of adult adoptees over the age of 18 (who are not themselves) parents) Groups of adult adoptees (who are parents themselves) Groups for sole adopters Groups for single parents and single parents Theme afternoons Teaching to professionals (schools, municipalities, etc.) The National Board of Appeal's PAS offer is currently handled by a total of 22 lenter and a psychologist professional leader. If you want to hear more about or make use of a PAS offer, you can contact the National Board of Appeal. Contact Information: appeal board About the National Board of Appeal's PAS offer: / what-is-your-complaint-about / adoption / counseling-for-adoptiontiv families DIA DIA is, according to the current accreditation terms, obliged to to provide PAS to adoptees and adoptive families who wish to search for information on the background and history of the adoptee if the adoption has been carried out via DIA, AC Børnehjælp, DanAdopt or Forgotten Children. It is stated in the accreditation terms that DIA must ensure that the information about the adoptee's background is available. DIA is also obliged to provide the necessary assistance to Page adopted and adoptive families, including assistance in obtaining clearings and contact to the foreign partner who has mediated the adoption. DIA has stated to the National Board of Appeal that the organization focuses on being able to help adoptees from Chile, as in the light of this coverage and the concerns about dissemination in the oden 1978 to 1988 wants DIA's assistance to gain insight into its own history. The organization's PAS offer can be divided into five main categories.

45 The organization's PAS offer can be divided into five main categories. rier: Access to documents in own case The adopted or adoptive family wants access to it specific adoption cases. DIA is responsible for storing the i a total of more than 20,000 adoption cases regarding. adoptions that are has been treated by Forgotten Children, AC Børnehjælp, DanAdopt and DIA. The search for more information The adoptive family who wants to search for more information about the child's history before the adoption or wishes to obtain verification correct information about the child, or the adoptee, who on his own hand wants to seek more information about his time before adoption or get verified information already available. Establishment of contacts The adoptive family, who want contact with the child's biological family or any foster family, or the adoptee, who on its own wishes to establish contact, as well as biological milieus members who want contact with the adoptee, or adoptive families who have adopted one or more children with logical siblings in another adoptive family. Return trips The adoptive family wishing to return with the child, or the adopted self who wants to travel back. Other For example, adoptees who wish to investigate the to get an internship at the orphanage where it adoptee resided before the adoption, seeks information information on the possibility of further advice and assistance, assistance is provided to clarify the nationality of the adopted in the donor country and wishes from adoptive families and adopted to make contact with other adoptive families and adopted. Page DIA advises and guides the adoptees and their families where, how and from whom the adoptees can seek help in abroad, as well as about the cultural conditions in the individual countries. DIA follows up on the opportunities for and development of PAS abroad in their ongoing cooperation with the donor countries and works as a link to authorities and orphanages, as well as to other environmental groups, country groups and the other counseling services in municipal and state auspices. DIA also holds regular detræf for adoptees and families who have adopted, from the individual donor countries. Contact Information: [email protected] About DIA's PAS offer:

46 About DIA's PAS offer: / post-adoption /