Child Swapping Case: SC Issues Notice After DNA Test Confirms Mismatch

The Bench of Justice Manoj Misra and Justice Ujjal Bhuyan, while condoning the delay in filing, issued notice to the respondents returnable in four weeks, observing that the matter required consideration.

The case arose out of a complaint filed by Usha Singh (Petitioner No. 1), who claimed that she delivered a boy and a girl child at the respondent hospital. However, upon being handed the newborns, she discovered that both were girls. Suspicious of foul play, the petitioners pursued further verification.

A DNA test was conducted which, according to the petitioners, confirmed their suspicion. The test revealed that while the DNA of one girl matched that of Usha Singh and her husband, the second girl’s DNA did not match the petitioners.

The petitioners contended that this was a clear case of “child-swapping” and demanded a thorough investigation to trace the circumstances and identify whether their biological son had been wrongly exchanged.

The petitioners had earlier approached the High Court seeking directions for a detailed investigation into the alleged swapping. However, the High Court dismissed the petition without examining key aspects such as:

1. Whether the delivery records and hospital documents confirmed that a boy and girl were born to Usha Singh.

2. Whether the DNA report established that both children were born of the same biological parents.

The petitioners argued before the Supreme Court that the High Court failed to apply its mind to these crucial issues and summarily rejected their plea.

Taking note of the contentions, the Supreme Court observed that the matter merited judicial scrutiny. The Bench recorded:

“The contention of the learned counsel for the petitioners is that while passing the impugned order, the High Court has failed to consider whether the complaint made by the petitioners was properly investigated… In such circumstances, investigation ought to have been directed after a thorough inquiry whereas the High Court summarily dismissed the petition without examining the above aspects.”

Holding that the issue required consideration, the Supreme Court issued notice to the respondents and directed them to respond within four weeks.

The Court’s intervention keeps alive the petitioners’ hope of uncovering the truth behind the alleged child-swapping incident. If established, the case could have wider implications on hospital accountability, maternity ward protocols, and criminal liability for negligence or deliberate misconduct in handling newborns.

The petition highlights systemic issues in ensuring accurate identification of newborns in hospitals, particularly in cases of multiple births, and underscores the vital role of forensic tools like DNA testing in resolving parentage disputes.

The matter will be taken up again after the respondents file their replies.