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The Federal Council recognizes and regrets that the Swiss authorities are guilty of misconduct and negligence in relation to adoptions from Sri Lanka. Despite indications of irregularities, some of which were serious, the authorities did not act.
Responsible federal and cantonal authorities systematically looked the other way when nearly 900 Sri Lankan children were adopted in Switzerland between the 1970s and 1990s, most of them illegally. This was the conclusion of a report by the Zurich University of Applied Sciences (ZHAW), which the Federal Office of Justice presented in February. On Monday, the Federal Council released its own nearly 70-page report.
Faults and misconduct
The failures and misconduct of the authorities caused a lot of suffering to those affected, which can no longer be reversed, Justice Minister Karin Keller-Sutter in Bern told the media. “Today I express our condolences on behalf of the Federal Council to those affected and their families.”
Acting mothers in Sri Lanka played an important role in the adoption process. These women pretended to be biological mothers, the justice minister said. Despite the falsified documents and the lack of consent from the biological mothers, the children were put up for adoption.
Swiss authorities were in the picture but did not react appropriately, Keller-Sutter said. “Each authority has hidden behind the limits of its own jurisdiction.” The conference of cantonal judiciary and police directors (KKJPD) recognized and regretted the misconduct.
According to the report, the majority of adoptions from Sri Lanka took place in the cantons of Zurich, St. Gallen, Aargau, Vaud and Bern. The KKJPD board has issued recommendations for prosecution.
Therefore, cantons should give adoptees uncomplicated access to documents and waive fees, KKJPD president Fredy Fässler said in Bern. If possible, they should designate an independent point of contact for adoptees.
Measures and support
Based on the findings, the Federal Council has decided on various measures. The federal government and the cantons want to give more support to those affected to find their origin. This search can be long, complicated and also psychologically stressful, Keller-Sutter said. Clarifications are often needed on the site.
The Federal Council also wants to clarify whether there have been systematic irregularities in adoptions from other countries of origin. Even if the situation has improved since the 1980s, there are weaknesses in the current legislation, Keller-Sutter said.
The ZHAW study indicated that other countries should also be examined, especially India. In the past, Switzerland adopted three times more children from this country than from Sri Lanka. Today there are around 100 adoptions abroad in Switzerland every year.
Review current practices
Finally, a group of experts will review the current organization, responsibilities and procedures for adoptions. If the need arises, the Federal Council will propose changes to the law. “In the future, the best interests of the child must always be the focus of intercountry adoption,” Keller-Sutter emphasized.
The Federal Council’s report dates back to a postulate by former national councilor Rebecca Ruiz (SP). In 2017, the Federal Council was commissioned to work with the cantons to examine the practice of private placement agencies and authorities with respect to adoptions from Sri Lanka in the 1980s.
