Evidence of Scotland’s Hidden Adoption History Lost to the Shredder
FOR IMMEDIATE RELEASE
Date: 2 August 2025
The Movement for an Adoption Apology Scotland (MAA Scotland) is calling for widespread exposure, after the Edinburgh-based post-adoption charity Birthlink destroyed thousands of historical artefacts entrusted to them by people separated by adoption. While the Information Commissioner’s Office (ICO) has issued an £18,000 fine, campaigners say the true damage to survivors is likely to be far deeper and possibly irreparable.
The destroyed historical items including birth certificates, handwritten letters, family photographs, and personal messages between parents and children, were submitted by individuals who had been linked on the government funded Adoption Contact Register for which Birthlink has sole responsibility. For some, including those who have since passed, these materials were the only way to communicate that their children were loved, that they were never forgotten, and that separation was not a choice. These documents may also have included profound personal information and details e.g.paternity, that had never been passed on and are now completely irretrievable to family members.
“These items weren’t stored out of administrative duty, but held in the hope that one day, someone would come looking. That hope has now been shredded, quite literally.”
“No space in the filing cabinets”
Details of how Birthlink staff and board members concluded that there were no barriers to destroying the files are fully outlined in the ICO penalty notice, however, the stated intention was to free up space in filing cabinets. In January 2021, Birthlink staff began reviewing whether they could destroy so-called “Linked Records”.
Some historical artefacts were destroyed on 15 April 2021, with a further 40 bags destroyed on 27 May, 2021.
“The emotional and historical significance of what was lost cannot be overstated. These were not administrative items, but the last remaining traces of relationships shattered by policies and practices that many now acknowledge as unjust and highly traumatising.”
“…….. the implications of the loss of irreplaceable documents for adoptees are profound. Not only have they suffered the loss of potential contact details and other valuable material relating to their identities and histories, but perhaps the only opportunity they had of knowing that their mothers and families wanted contact and the knowledge that they were very much “wanted” children. So profound is this loss that it is potentially an ongoing violation of their human right to a family life.”
Kept quiet for over two years
The destruction was not disclosed to the public. It was only during an inspection by the Care Inspectorate in August 2023 that concern was raised about the loss of data including the irreplaceable sensitive items. The incident was reported to the Information Commissioner soon afterwards in September 2023 and the ICO penalty notice was issued in July last month. For the last four years, survivors of Scotland’s forced adoption era have had no idea that the personal messages, documents, and evidence that they entrusted to Birthlink were already gone, and will now never be found by lost family members or their descendants. While poor records management meant that Birthlink could not identify or inform individuals, they failed to publicise the losses, and hence those affected have had no opportunity to replenish the records with any information or messages that are replaceable. That is why this breach of data and trust requires the widest possible domestic and international publicity, recognising that many victims are no longer resident in Scotland or the wider UK.
“It is inconceivable to think, due to the very nature of its work, that Birthlink had such a poor understanding of both its data protection responsibilities and records management process. “(ICO)
“The most significant issue for us is not that a data breach occurred, but that Birthlink personnel were unable to understand the significance of their action until the care inspectorate pointed it out in 2023.” (MAAS)
A culture of disregard, not a one-off mistake
For decades, organisations and institutions that were involved in the co-design and implementation of pathways that separated families on the basis of the unmarried status of mothers, have denied or downplayed the impacts of their practices. Prior to the First Minister’s apology in 2023, the dominant narrative was that adoptions were voluntary, or that mothers had failed in their responsibilities. The possibility that families had been permanently separated without consent was ignored, denied, or buried.
“We have no doubt that Birthlink employs individuals who have good intentions, but their lack of knowledge and understanding of historic practices and policies, go some way to accounting for their lack of regard for the distress and longing experienced by those family members who submitted sensitive materials to their care in the hope that one day, their lost family members might understand that they were loved.”
A broken promise after a national apology
The Scottish Government’s 2023 apology acknowledged the suffering caused by historical adoption practices. But campaigners say it has not been followed by any concrete measures of reparation. Northern Ireland and the Republic of Ireland have both passed legislation to protect historical documents. Scotland has not. Despite growing evidence that key artefacts of family identity are at risk, no laws have been introduced to prevent their destruction.
GDPR law was supposed to protect these historical artefacts, linked to families often separated against their wishes. In this case, it did not. The loss of these materials calls into question whether existing data law is capable of addressing the complexity and sensitivity of artefacts linked to historical forced separation, adoption, and the illegal disappearance of children. What has happened at Birthlink is not just a breach of privacy, but the erasure of identities, connections, and evidence.
MAA Scotland argues that continuing to entrust this responsibility to charities with a history of involvement in historic forced family separation and associated pathways only deepens mistrust. Survivors deserve better than closed systems, weak oversight, and eroding archives.
Immediate calls to action
MAA Scotland is calling on the Scottish Government to take immediate, concrete steps in response. This includes introducing legislation that specifically prohibits the destruction of all materials connected to historical forced family separation.
They are also urging members of the public to act now. Anyone who submitted letters, photographs, contact details, or personal information to Birthlink is advised to contact the charity directly and ask for confirmation of whether those historical artefacts still exist.
Email: dataprotection@birthlink.org.uk
Telephone: 0131 225 6441, select option 2
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For interviews or further information, contact:
maascotland@gmail.com
Notes to Editors:
● Full ICO penalty notice: https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2025/07/charity-fined-following-destruction-of-irreplaceable-personal-records
● MAA Scotland is a campaign group advocating for truth, justice, and reparation for those affected by Scotland’s historical adoption policies
● Birthlink is a registered charity and has operated the Adoption Contact Register for Scotland
since 1984
● Birthlink Care Inspection Report 2023
https://careinspectorate.com/berengCareservices/html/reports/getPdfBlob.php?id=316903
● ROI Preservation of Documents
https://www.irishstatutebook.ie/eli/2024/act/37/enacted/en/pdf
● NI Preservation of documents
Preservation of Documents (Historical Institutions) Act (Northern Ireland) 2022
September 2024
The 22nd of this month marks 18 months since the Scottish government apology.
We were disappointed that the current Scottish administration did not wish to mark the 1st anniversary in any meaningful way that would allow victim- survivors the opportunity to hear it for the first time.
In June, 2021, MAA submitted a list of recommendations to the Minister for Children and Families.
The Scottish MAA Recommendations
At that meeting, we were asked if a simple apology (i.e. without all the recommendations) would suffice. Our response was that a public inquiry would be preferable. On the first anniversary of the apology, we compiled a document – our apology barometer – that shows how far we have progressed.
The Scottish Adoption Apology Barometer
An apology without concrete measures in reparation is worthless to our families, and campaigners in Australian States have found it necessary to hold public inquiries in the wake of the 2013 federal apology.
We are continuing to press our politicians and officials on the essential work required on information access, health, research and raising public awareness. Meanwhile, we will be preparing to mark the 2nd anniversary of the Scottish apology with an updated barometer, while keeping our fingers crossed that the Scottish government recognises the importance of ongoing acknowledgement of the harms caused, and the beneficial impacts of commemorative events.
May 2024
Click here for a review of the shows which took place in May 2024. Details of additional performances to follow.
Scotland’s Formal Apology – One Year on
22 March 2024
Today marks the First Anniversary of the delivery of Nicola Sturgeon’s heartfelt Formal Apology for historic forced adoption practices in Scotland.
Watch the full statement, which is followed by questions from MSPs below.
Download a transcript of the Formal Apology.
Ideally this landmark should have benefitted from a widely publicised event that might have allowed people who were unable to attend Parliament that day to receive this apology and feel included for the first time. It might also have provided some reassurance that our new First Minister’s government remains committed to taking forward the reforms that were discussed in the Chamber on that day.
Today we have written to over 50 of our MSPs with the following content.
We have also taken stock of the progress that has been made on implementing our recommendations to date. Our Scottish Adoption Apology Barometer for 2024 can be downloaded here.
Other News
An independent Scoping Study looking at the provision of support services for those affected by Historic Forced Adoption has been published. Some mothers expressed concern that testimony that they provided to the researchers was not reflected in the language or areas of consideration of the report.
https://www.gov.scot/publications/scoping-study-historic-forced-adoption-final-report/pages/4
Government funded peer support, led by workers with lived-experience is now underway. Contact Health in Mind for more information.
Contact Us
Our group in Scotland would love to hear from mothers, adoptees or any other family members who have been impacted by historical adoption practices.
MAA Scotland email address: maascotland@gmail.com
