Swopped at Birth

Q. Two children were swopped at the hospital after birth. They are now three years old, and the matter is now before the court. What is the Islamic solution? The parent of the one child is averse to the switch over. There are issues of trauma, inheritance, mahramiyyat, etc. which are relevant. What does the Shariah rule in this case?

A. If the swop is proven and if it is an established fact, then the children have to be restored to their true parents. The parents may not cling to children who are not their own. The parent who refuses is in error. What are the grounds for this parent’s refusal? If it is only attachment and love for the child, then this will not be valid grounds.

The resultant trauma and heartache are understandable, but the Shar’i reality may not be ignored. The true identities may not be concealed from the children. It is Waajib that the children know who their real parents are.

The issues of inheritance, mahramiyyat to which is related Hijaab and marriage, as well as awareness of one’s parents are matters which may not be ignored.

The change-over should be executed gradually, in stages to avoid the consequential trauma and heartbreak. The parties should cultivate a good relationship whereby the two children should become playmates. The parties should devise a scheme to make the switch orderly and amicable to minimize the emotional separation.

(Awake Archives)