The sentence on the exchange of babies recognizes the affiliation of one with her biological family

The Logroño Family Court, after analyzing the DNA tests of one of the parents, has confirmed the exchange of two babies in 2002 at the San Millán Hospital.

The two girls were born on the same day, a few hours apart, and after both remained in the incubator, they were given to the wrong parents when they went to the bed area.

The procedure began with a request for maintenance from one of the girls, who had grown up with her grandmother, to her alleged father in 2017. Then, the judge requested a paternity test from the defendant, which confirmed that he was not her father. and it was later confirmed that the mother was not either. A blood test later revealed that her blood group was also wrong. "Since then, this young woman was without parents," said her lawyer.

The medical inspection studied seventeen possible girls who were born around the same date until they found that it could be one. After an investigation, the Ministry of Health attributed what happened to human error, but without being able to conclude who it was.

Now a DNA test from the father of the other family (the mother died in 2018) confirms the exchange between the two girls, now of legal age.

The sentence declares this young woman as the daughter of her biological parents with all the legal and economic effects, proceeding with the registration of the filiation in the Civil Registry. The Family judge has not modified the filiation of the other girl because neither she, as an interested party, nor whoever is registered in the Civil Registry as her father, whether biological or not, have requested it. The interested party has the legitimacy to request a change in her affiliation, if she considers it so, since she reached the age of majority shortly after the initiation of this legal proceeding. The sentence has a term of appeal until December 30.

The young woman who filed the lawsuit that triggered the legal proceedings claims 3 million euros from Health based on "immeasurable and continuous non-pecuniary damage", while the Ministry offered 215.00 euros: "this amount does not solve a usurped life, the traumatization of the trial and everything that may come," said the young woman's lawyer.

Morga has believed that "social reproach" is crucial and that society does not "satisfy" with the compensation proposed by SERIS. After the suspension of this file pending the DNA test, Health must resume it now. The Ministry itself will say an amount and the plaintiff may agree or not, in which case it would be necessary to go to the Administrative Litigation Chamber.

The lawyer has not been satisfied with the sentence, which has rejected his request that the second young woman also modify her affiliation with her real biological parents and also that of the Public Prosecutor, who asked that she support her parents but with a explanatory note that they are not their real parents.

"We expected more from the Public Prosecutor's Office, we did not find it satisfactory", he defended. "We expected the prosecutor to do more than he has done in defense of the general interest and the other people involved." In this sense, he has referred to the law for the defense of civil and procedural rights for the defense of the rights of people with disabilities: "you cannot abandon the rights of the mother who is now going to be left without a daughter ".

Morga has not been satisfied with the "trauma" to which his client has been subjected, when making her appear at the trial to answer the question of whether she believed she had legitimacy. In fact, in a first session, on October 9, she was not summoned but, finally, she was postponed to October 14 for her to appear.