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 finally 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 in Logroño confirmed that in 2002 an exchange of two babies had occurred at the now defunct San Millán Hospital in Logroño. The two girls were born just five hours apart and both needed an incubator. Everything indicates that when they moved to the cribs they were exchanged and given to the wrong parents.
The fate of the babies was not similar. The one she is now claiming before the Supreme Court went to a family in which both parents were disabled and she had to grow up with her grandmother.
The Supreme Court’s decision confirms the ruling of the Logroño court and the subsequent ruling of the Provincial Court. As things stand, the plaintiff has been civilly incorporated into her biological family, in which the girl who was mistakenly taken from the hospital and has been cared for until now remains.
