Sri Lanka adoption case against Dutch State must be retried

The Dutch State and the adoption mediation agency have solid reasons to appeal a ruling on a Sri Lankan adoption from 1992. This is the opinion of the Advocate General Gerbrant Snijders, in his advice to the Supreme Court. He recommends overturning the earlier decision by the Court of Appeal in The Hague and assigning the case to a new court.

The case revolves around a woman who was born in Sri Lanka and was soon after adopted by Dutch parents. When she sought her biological parents, she failed to find them, attributing this to misconduct during the adoption process. The woman wanted a judge to rule that both the state and the adoption mediation agency had acted unlawfully and should pay her compensation.

The Court of Appeal in The Hague sided with the woman, asserting that the state and the mediation agency could indeed have done more. The agency and initially the state had requested for the case to be considered as expired, but the court rejected this. Following this, both decided to appeal. However, the state has since withdrawn its claim regarding the expiration of the case.

Advocate General Snijders said he believes there are substantial grounds for an appeal. In his view, the judgment should be based on the rules that were in place at the time of the adoption. For instance, back then, there was no obligation to verify data provided by foreign agencies. Additionally, he said he feels that The Hague Court’s rejection of the expiration claim was not adequately justified.

The Supreme Court’s verdict is scheduled for April 19, 2024.