The Supreme Court rejects that a young woman exchanged at birth can expel her non-biological daughter from the family

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The Supreme Court has rejected the request of a young woman exchanged at birth in the hostel to expel from the family the non-biological daughter who, due to that error, took her place. Justice recognized from the beginning the true parentage of the young woman, after the DNA tests, but rejected the simultaneous request that she stop belonging to her family, who was not her biological daughter.

The Supreme Court ratifies the criterion that both filiations are compatible and that the one who ultimately turned out to be a biological daughter is not entitled to demand that the other, raised in that family, cease to be one. The Prosecutor’s Office maintained this same criterion.

The father was opposed to his biological daughter’s request to expel the daughter he had raised from the family. The Supreme Court is critical in its resolution of the plaintiff’s actions, highlighting that she acts “especially insisting on her condition as her forced heir” to the deceased mother.

“Apart from the fact that the argument is not well understood, since the legitimation to claim filiation is not denied, but rather to challenge the filiation of the other person born because it does not result from the applicable regulation, it is not clear what the legitimate interest of the “recurring in challenging, against the will of those directly affected, a filiation manifested by a state possession for twenty years”, the magistrates affirm about the insistence of the appeal on what had already been denied twice.

In a 2022 resolution, a Family Court of Logroño confirmed that in 2002 it had occurred in the missing San Millan Hospital from Logroño a exchange of two babies. Las two girls were born just five hours apart and both They needed an incubator. Everything indicates that when they moved to the cribs they were exchanged and given to the wrong parents.

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