Skip to Content

Press ENTER to search or ESC to close

Illegal adoptions: significant progress during this legislature

08/05/2024
In brief

Belgium has officially recognised illegal adoptions and their victims during this legislature. The law now protects their nationality and civil rights, and the Criminal Code classifies these practices as human trafficking. Investigations, the opening of archives and international recognition complete these advances.

MR federal MP Michel De Maegd has been leading the fight against illegal adoptions in Belgium for several years. On the occasion of the government's recognition, this afternoon, of the existence of these illegal adoptions, here is a brief summary of all the actions carried out in recent months:


  1. Official recognition by the government


Through Prime Minister Alexander De Croo, and in response to Michel De Maegd's resolution adopted by the Chamber of Representatives on 9 June 2022, the government has officially recognised the existence of illegal adoptions in Belgium and recognised the victims, in a statement made in the Chamber on 8 May 2024.

  1. Bill adopted in January 2024


In line with the demands of the aforementioned resolution, this bill preserves the Belgian nationality and civil rights of illegally adopted children in the event of the adoption being revoked by a court.

It removes the possibility for the public prosecutor's office to request a review of the adoption in respect of adults.


  1. New Criminal Code:


Following an amendment co-signed by Michel De Maegd, the new Criminal Code provides a clearer definition of the concept of illegal adoption as human trafficking.

  1. Administrative inquiry:


The administrative inquiry of the federated entities (Flanders, French Community), requested by the aforementioned resolution, has been completed. The French-speaking inquiry of the Wallonia-Brussels Federation is available at the following address: https://archive.pfwb.be/1000000020d7090.

  1. Opening of archives by the Department of Foreign Affairs:


As requested in Michel De Maegd's resolution, and driven by Foreign Affairs Ministers Sophie Wilmès and Hadja Lahbib, the Foreign Affairs department has met with several victims' associations and opened access to its archives. More than 400 metres of archives have been made public to help victims find information about their adoption.

  1. Joint UN statement:


Following the testimonies of Michel De Maegd and Coline Fanon before the UN Committee on Enforced Disappearances in Geneva in September 2021, the United Nations published a joint statement in September 2022, describing illegal adoptions as crimes against humanity.

  1. IPU (Inter-Parliamentary Union) resolution


As a member of the bureau of the Chamber of the Inter-Parliamentary Union (the oldest international assembly, founded in 1889 and bringing together parliamentarians from around the world), Michel De Maegd championed this issue in that forum. He secured the adoption of a resolution similar to the one adopted by the Chamber of Representatives on 9 June 2022.

 

As a reminder:


Recognition of illegal adoptions by the federal government

During the Chamber's plenary session on Wednesday 8 May, the government, through the Prime Minister, will make a statement recognising the existence of illegal adoptions and the Belgian victims.

Ahead of this solemn statement, Prime Minister Alexander De Croo, Minister of Justice Paul Van Tichelt and federal MP Michel De Maegd, author of the resolution adopted to this end by the Chamber, will meet with the victims and victims' associations.

An opportunity to take stock of the many achievements in this sensitive matter during this legislature, notably the amendment of the Criminal Code, the adoption of a bill allowing victims to keep their Belgian nationality and civil rights if their adoption is invalidated by a court, and the opening of the Foreign Affairs archives…

The meeting will take place at 3.45pm, in the reading room and former smoking room of the Senate.

Journalists are cordially invited to this meeting.

 

 

Automatically translated from French. Read the original