"Daughter I raised for 40 years was child replaced at the hospital" = Korea

A court has ruled that the hospital must compensate the family who found out after 42 years that their child was replaced at the hospital.

According to the legal community on the 18th, the Seoul Western District Court filed a lawsuit filed by Mr. A and his daughter C against Mr. D, who was the operator of an obstetrics and gynecology clinic. Pay 50 million won to each of them."

A couple, A and B, gave birth to a baby girl in March 1980 at an obstetrics and gynecology clinic run by D. At that time, a nurse in the obstetrics and gynecology department handed over the newborn baby Ms. C to Mr. A and his wife at the hospital.

Mr. and Mrs. A, who had been raising their daughter Ms. C as their biological child, faced a challenge in April last year when their daughter turned 40 years old. It turns out that the daughter C's blood type is an impossible blood type for Mr. A and his wife.

At the suggestion of Mr. and Mrs. A, the entire family underwent genetic testing in May last year. Surprisingly, the result was that the parent-child relationship between the daughter Ms. C and Mr. A was not established.

Mr. and Mrs. A assumed that the child was replaced at the hospital where Mr. A gave birth, and asked Mr. D, who was the hospital operator at the time, whether he had a birth record at that time, but all the obligatory records were destroyed. I heard a story. With all obligatory records destroyed, it has become virtually impossible to confirm the actual child that Mr. A and his wife actually gave birth to and the biological parents who actually gave birth to Ms. C.

Mr. A and his daughter, Ms. C, filed a lawsuit claiming damages, saying, "The child was replaced at the hospital and suffered mental distress. Pay compensation for this." The plaintiffs were to be paid 50 million won each, and 5% annual interest on delays based on March 1980, the date of birth.

The court also sided with Mr. A's family. The court said, "It is difficult to assume that the child was be replaced with another child at the hospital where the child was born, based on experience," and "As long as it is recognized that Ms. A gave birth at Mr. D's clinic, and that Ms. C, who was raised as her biological child, is not recognized as having a biological relationship, we can recognize the fact that Ms. C was replaced with the newborn Ms. A gave birth to at Mr. D's clinic."