Men Sue Hospital After DNA Test Reveals Birth Switch 38 Yrs

Two men who discovered through at-home DNA tests that they were switched at birth nearly four decades ago are suing the North Dakota hospital where the life-altering error occurred. The lawsuit, filed in state court in July 2026, accuses Unity Medical Center in Grafton of negligence and medical malpractice, alleging that hospital staff sent the newborns home with the wrong families.

A Birth That Changed Everything

Kyle Bylin and Jeremy Morrison were both born on January 26, 1988, at Unity Medical Center — the only two babies delivered at the hospital that day, according to court documents reported by the Associated Press. Somehow, the infants were switched, and each went home with the other’s biological parents. Bylin was raised by the Morrisons, while Morrison grew up with the Bylins.

The truth remained hidden for 36 years. It emerged only when Bylin took an at-home DNA test he selected randomly during a Christmas gift-exchange. The test connected him to his biological aunt on a genealogy platform. Her nephew turned out to be Jeremy Morrison, who then took his own DNA test, confirming the switch.

“That’s when my mind was just completely blown,” Bylin told the AP. “We could have never imagined that it was an actual birth switch that occurred.”

Emotional Fallout and Family Bonds

For Morrison, the discovery answered questions he had carried since childhood. “I didn’t have anyone that looked like me in my family,” he told KKTV. “I was that blonde-haired kid that stood out in a family full of brown-haired people.”

Despite the revelation, Morrison said the discovery has not diminished his love for the family who raised him. “I was loved. I played sports. I did well in school,” he said. “A DNA test is not going to take away 38 years of memories.”

Evelyn Newton, who raised Bylin as her own son, described the loss as irreplaceable. “Kyle is still my son — that is never going to change,” she told the AP. “But I feel robbed of the life I should have had with my biological son. You can’t go back and replace 35 years. First steps, driving a car, getting married — how do you make up for that?”

Both sets of parents have now met their biological sons. Bylin and Morrison have spoken by phone but have not yet met in person.

The Hospital’s Defense

Unity Medical Center acknowledges the babies were switched but denies that its staff was responsible. In a statement, the hospital said it is “working to better understand a highly unusual situation” but noted that medical and staffing records from 1988 no longer exist and no members of the delivery team remain employed there.

The hospital has asked the court to dismiss the case with prejudice, citing the statute of limitations and arguing that its staff “possessed and exercised the appropriate degree of skill and learning,” according to FOX News. The hospital also raised comparative fault as a defense, suggesting damages could be attributable to other parties.

Attorney Tim O’Keefe, who represents the families, said he attempted to reach a monetary settlement with the hospital for a year before filing the lawsuit. The families are seeking more than $50,000 in damages and have demanded a jury trial.

A Rare but Growing Phenomenon

Birth-switch cases remain extremely rare, but at-home DNA tests are increasingly uncovering long-hidden errors. Dr. Jonathan Marron, a pediatric oncologist at Harvard Medical School’s Center for Bioethics, noted that modern technology makes such mix-ups far less likely today. “As often as all clinicians gripe about the electronic health records, the digital backstop is a clear benefit,” he told the AP.

Similar cases have emerged in Norway, West Virginia, Pennsylvania, Canada, and the United Kingdom, often decades after the fact, as consumer genetic testing continues to reveal family secrets that might otherwise have remained buried forever.

What’s Next

The central legal question now is whether the statute of limitations will bar the lawsuit. North Dakota law typically requires medical malpractice claims to be filed within a certain period from the date of injury or discovery, and the court must determine whether the discovery rule applies. For the families, however, the lawsuit is about more than compensation — it is about accountability for a mistake that reshaped two lives.

As Morrison put it: “I know the truth now, but we’re still working to build relationships. It’s not like I can go back in time and rebuild what’s already lost. It’s a work in progress, just like me.”