Mothers file lawsuits for exchanging babies by mistake, in Ecuador

February 23, 1999 marked the lives of two mothers. That day they gave birth to their children at the Vicente Corral Moscoso hospital in Cuenca. But the children were exchanged, by mistake.

Referential image. Knowing the reality is painful news for the families and children involved.

Twenty-one years later, María (protected name) discovered the fact through a DNA test, within a judicial process for impugning paternity. She reported the case, the investigation was opened, and the Police located the two young people.

An unexpected truth

This is the testimony of Esperanza, Cristian’s mother, who last January filed a protection action for the violation of constitutional rights. The judge has agreed with him, but the case is not ultimately resolved.

“It all started in a month in 2020. My son, Cristian, answered a phone call. It was a policeman who told him –without qualms- that his family was not the one that raised him; that his biological parents are in Cuenca.

Days later, another call, just when I was worried about what my son would have done. He didn’t tell me anything. When he answered, an agent identified himself and told me the same thing, without any reservation: ‘ The son you have at home is not yours, yours is here (in Cuenca)’.

I panic. I thought he was a scammer and we decided to change our minds and not answer phone calls from unknown numbers.

We were lost for a year, until we were found again by a nephew who is a police officer . He called me and told me: ‘Auntie, the Police are looking for you .’ He passed the call to me. My nerves got agitated and he summoned us to Cuenca to make a statement.  

Words of a mother

There I met Mrs. Maria. I told him, please, I don’t want him to call me anymore, this makes me sick. My son is the one I gave birth to, he looks just like me . She only replied that the DNA tests will determine it .

I began to remember the moment of delivery . 12 mothers gave birth that day. When they brought my baby , the father of my son was concerned because he arrived with different clothes than what we wear in the diaper bag .

But when he complained to the nurse , she answered him emphatically: ‘what do you want: a dirty son with green eyes?’ That’s her son and her point. He (father) tried to enter another room to look for his son , but since he couldn’t we stayed like that.

After that I never doubted that he was my son , although the eldest is white , like his father. In my family they always said that Cristian has my features and that he is dark like me.

DNA tests

My son refused to take the test . But the policeman was so insistent and intimidated us saying that if we didn’t agree, we would get into legal trouble . We agreed on the condition that they stop persecuting us.

But from there the truth came out and it was hard as a family. We all cried because it was a painful situation. I hugged Cristian and told him that nothing and no one will change the love of these 21 years; that he will always be my son.

I asked my family never to talk about it or look down on Cristian. We had a meeting the two families. Upon meeting my biological son, the resemblance he has to the eldest is evident. Since then, I say that I have three children.

Although as mothers we have not achieved a greater attachment to our biological children. Sometimes I think it was better that this situation had never been discovered and Cristian thinks the same. He started drinking and changed his behavior.

After confirming the change of children, María filed a protection action against the Hospital. But the defense of the institution argued that we (the mothers) have changed our children outside the nursing home.

In addition, they saw that as mothers we have gained another child. It was the most insensitive thing we could hear. I asked that they review my medical record. When I gave birth I had a problem with preeclampsia and I couldn’t even get out of bed.

It is true that we now have another child, but it should not be due to institutional neglect . In the end, the Judge and the Civil Chamber agreed with María that her rights had been violated and her reparation was ordered.

Last January I filed the same lawsuit, because my rights were also affected. The appeal was accepted but the reparation hearing was suspended because the Ministry of Public Health requested a conciliation agreement.

We are waiting for the Civil Chamber to issue its ruling. They offered us psychological help and we have not received it either.

In 2015, the Police began the search for the other 11 mothers who gave birth on February 23, 1999.

They were dispersed in different cities of the Austro and for this reason the intelligence work took them almost five years.

Esperanza lived in Cuenca for seven years, but then returned to the canton of the province of El Oro , where she is from.

His son Cristian is now dedicated to working to help the family.

The woman points out that, after filing the lawsuit in January, the process was detained for eight months. We have also requested a public apology, but they denied us because they say there was no social upheaval.