A 79-year-old Norwegian woman has lost her legal battle against the state over a baby switching incident that occurred decades ago. The Borgarting Court of Appeal ruled the Norwegian government bears no responsibility for the 1965 mix-up at a maternity ward in Herøy.
Karen Rafteseth Dokken and her daughter sought compensation after discovering they were switched at birth nearly twenty years after the incident occurred. The court found no grounds for holding the state liable for human rights violations despite acknowledging the profound impact on both families.
"We are very, very disappointed," said the family's lawyer Sølvi Nyvoll Tangen. She described her elderly client as shocked and terribly disappointed by the verdict. The court decision marks the second legal defeat for the women, who previously lost their case in Oslo District Court.
The unusual case began when two babies were accidentally switched at the Eggesbønes maternity facility in Herøy. Neither mother realized they had taken the wrong baby home until the mistake was discovered almost two decades later. Authorities then decided to conceal the truth from both families.
This cover-up proved particularly difficult for the women to accept. The situation only came to full light three years ago when one of the switched children, now an adult, had an unexpected match on the My Heritage website.
The court acknowledged the serious nature of the case, stating it involved fundamental human values including personal identity, contact between children and biological parents, and family life. Despite this recognition, judges concluded the state as a higher authority had not violated human rights through inadequate maternity care arrangements.
Legal experts note this case highlights challenges in holding governments accountable for historical medical errors. The maternity ward where the switching occurred was operated by a sanitary association with a state-employed midwife. However, the court found no evidence the switch happened during the midwife's shift and suggested the sanitary association would be a more appropriate responsible party.
One of the women also sued Herøy municipality separately and lost that case too. She must now pay the municipality's legal costs of 158,000 kroner. Both women involved in the state case must cover their own legal expenses but avoid paying the state's costs.
The verdict is not yet final as the appeal period remains open. The women have not decided whether to take their case to Norway's Supreme Court. Their legal team continues to evaluate options while the families process this latest judicial setback.
This case represents one of several historical baby switching incidents that have emerged in Norway in recent years. Similar cases have prompted broader discussions about medical accountability and the right to know one's biological origins.
The Norwegian healthcare system has undergone significant reforms since the 1960s, with improved patient identification protocols and transparency requirements. Yet this ruling suggests limited pathways for compensation when historical errors involve multiple responsible parties and complex jurisdictional questions.