67年ねん前まえの赤あかちゃん取り違とりちがえ 都とに生みの親うみのおやの調査ちょうさを命令めいれい 東京とうきょう地裁ちさい

67 years ago, a man who was switched with another baby at a metropolitan hospital and lived without knowing his biological parents filed a lawsuit claiming the right to know his origins and the obligation of the metropolitan government to investigate. In this case, the Tokyo District Court ordered the metropolitan government, which operated the hospital, to investigate his biological parents based on family registers and other records.

According to the plaintiffs lawyer, this is the first ruling that orders the hospital, which made the mistake, to investigate the origin.

Ezo Satoshi, 67, who lives in Tokyo, was switched with another baby immediately after being born at the Sumida Maternity Hospital operated by the city in 1958, and was raised by parents with no blood relation.

In their 40s, prompted by learning their parents blood types, they conducted a DNA test and discovered there was no biological relationship. They filed a lawsuit against the city, asserting the right to know ones origins and the citys obligation to investigate.

The city side has no obligation to investigate.

The argument was that it might infringe on the privacy of third parties.

In the ruling on the 21st, Judge Naoya Hirai of the Tokyo District Court dismissed the Tokyo Metropolitan Governments claim, stating that subjects of the investigation can also refuse to cooperate, and there is also a significant possibility that they may want to know the truth.

In addition, In Japan, the right to know ones origins is not legislated, but it can be said to be a legal interest guaranteed by Article 13 of the Constitution, which stipulates respect for individuals.

The hospital is obligated to take all possible measures in case of a mix-up due to the seriousness of the matter.

Based on the family register, they were ordered to identify potential individuals and investigate the biological parents by requesting cooperation for DNA testing.

According to the plaintiffs lawyer, this is the first ruling that orders the hospital, which made the mistake, to investigate the origin.

Mr. Satoshi Ezo said, Investigate as soon as possible. At a press conference held in Tokyo after the verdict, the plaintiff, Mr. Satoshi Ezo 67, said, I faced the verdict with a feeling of praying to God.

I am grateful to the court for acknowledging my claim.

It has been 20 years since I found out that there is no parent-child relationship with my foster parent.

I want to see the face of the creator.

Ive always wanted to meet my siblings if I had any.

I hope they dont appeal to the capital and investigate as soon as possible, he said.

Attorney Ryutaro Ogawa, the representative, stated, In Japan, the right to know ones origins is not legislated, so it was difficult to seek relief for Mr. Ezo through means other than litigation.

The judgment develops a robust theory based on the constitution and treaties, mentioning the right to know ones origins.

The court responded to Mr. Eizos feelings, it was evaluated.

The city commented, We will consider our response based on the content of the judgment.

江蔵-san, who was told by relatives that he doesnt resemble them at all, was switched with another baby immediately after being born at Sumida Maternity Hospital in 1958 and was raised by parents with no blood relation.

When I was a child, at family gatherings, I was told that your face doesnt resemble anyones at all, and I also sometimes felt differences in personality and other traits compared to other family members.

When I was 14 years old, due to a strained relationship with my father and other reasons, I left home and worked while living in places like a dry cleaning shop.

After that, I started communicating with my family and found out in my late 30s that my mothers blood type is B.

My father was blood type O, and I was blood type A, so I doubted our parent-child relationship. When I had a DNA test in my 40s, the doctor who conducted the test told me, Not a single drop of your fathers or mothers blood runs in you.

Mr. Egura thought, My mind went completely blank, and I thought the differences in personality with my family were because we arent related by blood.

When I left home at 14, I wondered why I felt that way, he said.

Mr. Ezou sued the city for operating the hospital, and the Tokyo High Court ordered the city to compensate him for ruining his life due to gross negligence.

Additionally, Mr. Egura, who wanted to know about his origins, searched for his biological parents.

Based on the Sumida Wards basic resident register that was publicly available at the time, I found and visited about 80 people with close birthdates, but no clues were obtained.

Even if you request disclosure of information regarding family registers in Sumida Ward, most of the disclosed documents were redacted.

We negotiated with the city, which is responsible for the mix-up, to investigate, but since the city did not comply, we filed a lawsuit four years ago.

Mr. Ezos father passed away 10 years ago.

Due to the progression of dementia, my mother is living in a nursing home, and Mr. Ezou says, I am only grateful to the mother who raised me, and visits regularly.

The mother is also a victim of the mix-up and is looking forward to meeting her biological son.

If I had met my real parents, if my real child had met, I could have walked a different life, said Mr. Ezou, now 67, I think if I had met my real parents, and my mother had met her real child, we could have walked a different life.

The 20 years since finding out about the blood relationship feel too long and frustrating.

The city should act with consideration for the victims, they said.

Mistaken Identity: At least 32 cases in 15 years up to 1971 Private investigation The Ministry of Health, Labour and Welfare and the Children and Families Agency have not investigated the number of cases of babies being switched.

On the other hand, in the private sector, it is recorded in the journal of the Japanese Society of Legal Medicine published in 1973 that Professor Emeritus Hide Akashi of Tohoku University and others inquired with forensic medicine departments nationwide, resulting in at least 32 cases occurring over the 15 years up to 1971.

Professor Emeritus Akaishi published papers in monthly journals such as Obstetrics and Gynecology, highlighting that during this period, mix-ups frequently occurred due to the shift from home births to hospitals and other facilities as the main birthing locations, coupled with a shortage of midwives and nurses in hospitals.