Mothers in court over baby swap

The fate of two children who were accidentally switched at birth is being decided after one mother refused to swap back.

A South African court has approved an investigation into the case, which involves two girls, 3, who were given to the wrong mothers in a 2010 mix-up at the Boksburg hospital near Johannesburg.

"She wants the baby back but it seems the other mother is reluctant. It's four years later: you can understand she doesn't want to give up her baby," Henk Strydom, a lawyer for one of the mothers said. "It's a tragedy."

"She conveyed to me that it was traumatic. You can see it's not easy for her. She has to care for a child that is not hers on her own while her child is with someone else."

The two mothers disagree on which course of action to take with the pair becoming embroiled in a bitter battle for custody.

The first of the two, a 33-year-old unemployed single mother, discovered the mistake while undertaking paternity tests in a dispute over child support.

She has requested the return of her biological daughter and to return the other girl to her biological mother, court documents say.

The girls, who are almost four years old were born at Tambo Memorial Hospital on August 2, 2010.

After discovering the mistake the first mother contacted the hospital, which acknowledged the swap.

Joint therapy sessions for the two mothers were conducted for several months but fell apart in February when the first woman "became unhappy with the process" and took her case to children's court.

Mr Strydom conceded he did not know what decision would be made.

"Your guess is as good as mine what the court may decide," he said.

"It's a travesty. How do you rectify it after four years? The longer you wait, the more traumatic it will be. But whatever happens, someone won't be happy."

In an affidavit provided to the court Carina du Toit, a lawyer at the Centre for Child Law said the location of both children’s biological fathers was unknown and the primary concern was for the children's welfare.

"Litigation might be necessary and inevitable to remedy the tragic situation in which these children and mothers find themselves," she said.

"There is a potential conflict of interests between what the biological mothers desire as an outcome and what may be in the best interests of the children."

Source: The Guardian
Author: Simon Black, Approving editor: Nicholas McCallum