Sunday Tribune

No easy answers in baby swop case

The courts are to decide on the fate of two babies swopped at birth after a recommenda­tion by experts that each remains with the mother who raised them. Vivian Attwood reports

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THERE was never going to be an easy answer to the dilemma facing two young couples whose babies were swopped at birth, and raised by the wrong mothers for four years.

As the Pretoria High Court prepares to rule on the issue of whether the children should go back to their biological mothers, their futures remain uncertain. The Head of the Centre for Child Law, Professor Ann Skelton, has recommende­d that the children – a boy and a girl – be allowed to remain with the mothers who have raised them, but visit their biological mothers and have ongoing psychologi­cal support.

The mixup of the children happened at the Tambo Memorial Hospital in Boksburg in August 2010, immediatel­y after they were born.

Although both mothers are said to have protested they had given birth to a baby of the opposite gender to the one they were handed after labour, their protests were reportedly brushed of. Both women have subsequent­ly bonded with the children they have raised, said Skelton.

The mistake was detected earlier this year when the father of one of the children demanded a paternity test, allegedly because he felt the baby his partner claimed was his, looked nothing like him.

On Tuesday, following an indepth psychologi­cal evaluation of both the children and their mothers by a team of stateappoi­nted experts, Professor Skelton recommende­d the babies stay where they were. She said both mothers refused to relinquish the child they had come to love as their own.

Skelton said as the mothers currently did not have legal rights over the children, because they were not biological­ly their own, a process called de facto adoption should be expedited. She said it was “likely” that both mothers would seek compensati­on for the disastrous baby swop from the Health MEC.

We asked KZN-based educationa­l psychologi­st Felicity Tonkinson whether the decision, if approved by the court, would have long-lasting emotional consequenc­es for the boy and girl involved.

“This is a tragic case. It is a very good thing that the moms have bonded with the babies they took home, though.

“If the parents and children are closely monitored and guided by profession­als and the parents are emotionall­y stable and accepting of the unusual situation, there is a good chance the children will thrive. The state will need to pay for this.”

Dr Velaphi Mkhize, president of the Umsamo Institute in KZN, and a specialist in African traditions, values and practices, said that the recommenda­tion to the court was an excellent one, and was fully in line with historic African practice.

“This sort of thing used to happen all the time, and is referred to as ‘collectivi­sm’. If I had only daughters and my brother had sons, he would give me a son and I would give him a daughter to complete his family. It was known as ukusisa,” he said.

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