A judge has ordered a gynaecologist from Flanders to have a comparative DNA test carried out. He is suspected of using his sperm to inseminate a woman.
The court of first instance in Bruges ruled that a gynaecologist from Torhout, in the province of West Flanders, must give a sample of his DNA for a comparative study.
The case comes after a man came forward with strong suspicions that the gynaecologist treating his mother used his own semen without her consent in the mid-1980s. This would make the man a biological child of the gynaecologist in question. He was born after an artificial insemination his parents had performed by the gynaecologist.
This claim was first made public in the summer of 2022 when the VRT NWS programme Terzake reported the suspected crime. Based on, among other things, comparisons in online DNA databases, the man was able to prove that the gynaecologist was presumably his father. He argued that instead of using the sperm of an anonymous sperm donor, the gynaecologist used his own sperm.
This spurred the public prosecutor to launch an investigation in which the doctor himself was questioned, but he denied all the facts. The case was then time-barred meaning the gynaecologist did not have to appear in court. But potential victims could still take civil action.
€1,500 daily penalty
The Bruges division of the West Flanders Court of First Instance was asked to impose a comparative DNA test. The gynaecologist opposed this by referring to the anonymity that donors must enjoy but the court ruled that in this particular case, the right to certainty about biological parentage took precedence over the gynaecologist's right to conceal his biological paternity. An expert has been appointed to carry out the test.
The court did state explicitly in its ruling that the gynaecologist's DNA profile may not be used for any other purpose, such as being included in a database. The person bringing the case must also respect the rights of other donor children.
"Every donor child should have the individual choice of whether or not to research who they are really descended from. The plaintiff should not make that choice for them by collecting matches and, if necessary, communicating information to those involved that they may not want to know."
If the suspect does not cooperate, he must pay a penalty of €1,500 per day. However, the gynaecologist can still appeal the verdict.
