The court in The Hague will not deal with the substance of the case of a 28-year-old woman about her adoption in Sri Lanka. The case was brought by Dilani Butink, who was adopted by Dutch parents in 1992.
Butink says that during the adoption serious mistakes were made by the State and mediation organization Stichting Kind en Toekomst. The adoption would therefore be illegal.
The court says that the case is statute-barred and therefore there will be no substantive treatment:
“A bitter pill
Only in very exceptional cases can the statute of limitations be deviated from, but according to the court this is not the case here. Legal certainty is more important in this case than the legal protection of an individual, says the court. “And that’s a bitter pill,” said the president of the court to Butink.
The lawyers of the State and Stichting Kind en Toekomst had previously argued that the case is statute-barred.
Dilani Butink wanted the government to acknowledge guilt, compensate her and set up a DNA database for adoptees from Sri Lanka. According to her lawyer, in Sri Lanka it was only about making money: Sri Lankan mediators received about 4000 guilders, fifty times the normal monthly salary of a resident of the country.