The Dutch state acted unlawfully in the adoption of Dilani Butink from Sri Lanka in 1992. The court in The Hague ruled this morning. The court overturns a previous court decision, which ruled that the state could not be held liable for tampering with Butink’s adoption.
Butink filed a lawsuit because she believes that the state and the Kind en Toekomst foundation, which arranged her adoption in 1992, have made serious mistakes. The mediation agency did not investigate whether the data of the biological parents were correct and whether they voluntarily gave her up for adoption.
Her birth is not registered anywhere in Sri Lanka. An investigation shows that her birth certificates have been forged. As a result, she cannot trace her biological parents.
The court in The Hague ruled in 2020 that fraudulent practices surrounding her adoption are time-barred. And it was impossible to determine whether there had been illegal adoption. “The court cannot determine whether her adoption papers are faulty,” the judge said in the verdict. Nor is she a victim of illegal adoption practices. We do not know.”
The court is now overturning that verdict. “The State should have supervised better and set stricter, more individual control requirements,” the court said.
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