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The parents, who accepted the results of a genetic test that the daughter they had known and raised for more than 40 years was not their biological child, filed a claim for damages from the obstetrician, but the court ruled in their favor.
This follows the court's acknowledgement that the obstetrician may have misled the newborn of the other parent to them.
Judge Kim Jin-hee, of Civil Division 13 of the Seoul Western District Law, recently ruled in favor of the plaintiffs in a lawsuit filed by husband A, wife B, and their daughter C against the director of an obstetrics and gynecology hospital, saying, "The hospital shall compensate three people 5 million won each, for a total of 1 million won."
According to the tribunal, Ms. B gave birth to Ms. C in 5 at an obstetrics and gynecology clinic in Suwon, Gyeonggi-do.
The couple thought of Miss C as their biological daughter and raised her, but in April last year they discovered that Miss C was a blood type holder who could not come out of their own relationship.
The couple and their daughter immediately underwent a genetic test to confirm paternity and received a result that paternity was not established.
The couple contacted the hospital about the change of paternity at the obstetrics and gynecology unit, but the hospital had destroyed the medical records at the time.
In the end, there was no way to ascertain who the couple's biological daughter was or who Miss C's biological parents were.
The court found that there was no clear evidence that the child had changed in the obstetric department, but that the likelihood of the child changing with another child while growing up was very small.
Accordingly, the court ruled in favor of the plaintiff, saying, "The delivery of Mr. C, who is not his biological son, to the couple was due to the negligence of the defendant or the nurse hired by him, and therefore he is obliged to pay damages."