A Norwegian appeals court has ruled the state bears no responsibility for a baby switching incident that occurred nearly six decades ago. The decision marks the latest development in a heartbreaking case that began in 1965 when two newborn girls were accidentally swapped at a private maternity clinic in Herøy municipality on Norway's western coast.
The women grew up with each other's biological parents, unaware of the mistake until decades later. The court determined Norway's government did not violate human rights through inadequate maternity care arrangements. This represents the second legal defeat for the families involved after a lower court reached the same conclusion last year.
What makes this case particularly difficult for the families involves the authorities' handling of the discovery. Back in 1981, one mother noticed irregularities in blood tests from the person she believed was her daughter. She contacted officials hoping to confirm her biological daughter's wellbeing. Health authorities identified five potential candidates who might have been switched but closed the case in 1985 after determining the women likely lived in satisfactory social and economic conditions.
The affected women have described this decision to withhold information as the most challenging aspect to accept. A minority of judges in the recent ruling agreed human rights were violated during this 1980s cover-up period.
The case only resurfaced significantly in 2021 when one of the switched women took a DNA test uploaded to genealogy website My Heritage. This modern technology revealed the truth that authorities had concealed decades earlier.
Legal representatives for one mother expressed profound disappointment with the verdict. The lawyer stated they are very disappointed with the outcome after years of seeking accountability.
Only two of the women pursued the appeal, while one reached a settlement earlier this year. The appealing women must cover their own legal costs but not the state's expenses. One plaintiff who also sued Herøy municipality must pay municipal legal costs amounting to approximately 100,000 Danish kroner.
This case highlights ongoing questions about historical medical accountability and Norway's private healthcare oversight. The ruling suggests limited state responsibility for incidents occurring in privately operated facilities, even when systemic failures occur. The decision also raises questions about whether current legal frameworks adequately address historical injustices that only surface decades later through modern technology.
For international observers, this ruling demonstrates how Nordic countries continue grappling with historical institutional failures despite their reputation for exemplary social welfare systems. The case shows that even in societies known for transparency and equality, truth and accountability can remain elusive for victims of historical wrongs.